NY Ct. App. Rules on Offset Rights

The New York Court of Appeals ruled that a self-insured employer or carrier must expressly preserve its right to offset when consenting to the settlement of a third party action. In Brisson v. County of Onondaga, No. 11, 02/16/2006, Alan Brisson, a Department of Transportation employee, was injured when he was hit from behind by a van while picking up a road sign. Brisson filed a workers' compensation claim, and, after the Workers' Compensation Law Judge (WCLJ) found that the injury was compensable, was awarded benefits for his periods of disability. Brisson also filed a third party la...