Legal Opinion

Matter of McQueer v. Adirondack Tank Services, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided August 25, 2016No. 519845PublishedCited by 3 opinions

1Opinion of the Court

Garry, J.P.

Appeals (1) from a decision of the Workers’ Compensation Board, filed January 2, 2014, which, among other things, ruled that the workers’ compensation carrier’s offset against the proceeds of claimant’s third-party settlement had expired, and (2) from a decision of said Board, filed July 3, 2014, which denied a request by the employer and the carrier for reconsideration and/or full Board review.

In June 2000, claimant suffered work-related injuries and was subsequently awarded workers’ compensation benefits. Thereafter, he settled a third-party action with the consent of the…

2Cases cited7 opinions

  1. In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
  2. Axel v. Duffy-Mott Co.New York Court of Appeals · 1979
  3. Rothe v. United Medical AssociatesAppellate Division of the Supreme Court of the State of New York · 2003
  4. Claim of Hernandez v. Taco Bell, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Claim of Hulbert v. Cortland County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 2010

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3Cited by3 opinions

  1. Matter of Schulze v. City of Newburgh Fire Dept.New York Court of Appeals · 2025
  2. Matter of Schulze v. City of Newburgh Fire Dept.New York Court of Appeals · 2025
  3. Claim of Lala v. Siteworks Contracting Corp.Appellate Division of the Supreme Court of the State of New York · 2017

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