This is a case being heard in the Second Department, Appellate Division, of the Supreme Court of the State of New York. The appellants in this case are appealing an order that was made in the Supreme Court of Kings County that granted a petition for approval of a personal injury settlement.
Court Discussion and Decision
The court has reviewed the matter at hand and finds that the Supreme Court of Kings County was correct when they approved the settlement of the petitioner’s personal injury action.
The Workers Compensation Law states that an employee can settle a lawsuit that comes from the same incident as their workers compensation claim for an amount that is less than the amount of compensation that they have received if the worker has written consent to the settlement from the compensation carrier or alternatively if judicial approval is granted within three months after a case has been settled. Failing to obtain consent from the insurance carrier or judicial approval bars the employee from receiving further worker’s compensation benefits.
The law further states that a judicial order may be obtained to approve a settlement that was previously agreed upon even if the application for approval is longer than three months after the settlement if the employee can establish that the amount of the settlement is reasonable, the delay in applying for judicial consent was not caused by neglect or fault of the employee, and the insurance carrier was not prejudiced by the delay.
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