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MATTER OF EMPIRE STATE TRANSPORTATION WORKERS' COMPENSATION TRUST v. SPECIAL FUNDS CONSERVATION COMMITTEE

2016-02851. Index No. 13302/12.

163 A.D.3d 558 (2018)

80 N.Y.S.3d 398

2018 NY Slip Op 05037

In the Matter of Empire State Transportation Workers' Compensation Trust, Care of Neuman Claim Administrators, Inc., Respondent, v. Special Funds Conservation Committee, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 5, 2018.

Ordered that the order is affirmed, with costs.

In November 2010, Licinio Marrero's claim for workers' compensation benefits was approved upon a determination that he sustained a permanent partial disability. In January 2012, after obtaining the consent of his workers' compensation insurance carrier, Marrero settled a personal injury action against the alleged tortfeasors. In a decision filed on April 3, 2012, the Workers' Compensation Board determined that the insurance...

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