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Judge May Not Reduce Comp Carrier's Lien in 3rd-Party Action

Friday, February 14, 2020 | 219 | 0 | 8 min read

A New York appellate court ruled that the amount of a carrier’s lien against a worker’s potential recovery from a third-party tort claim could not be reduced by a trial judge. Case: Carcione v. Essex Homes of WNY Inc., No. 1227 CA 19-00577, 01/31/2020, published. Facts and procedural history: Thomas Carcione filed a personal injury suit against Essex Homes of WNY Inc. and others. The workers’ compensation insurance carrier for his employer intervened, asserting a lien against any potential recovery based on the benefits it had paid Carcione. Carcione asked for a...

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