Catapano v. Jow, Inc. — 91 A.D.3d 1018

Majority

p. 1018

In the Matter of Charles A. Catapano, Respondent, v Jow, Inc., et al., Appellants, and Special Disability Fund, Respondent. Workers’ Compensation Board, Respondent.

[935 NYS2d 920]

As noted in our prior decision, “[t]he Board has previously held that where the Fund has been found liable for reimbursement to the carrier under Workers’ Compensation Law § 15 (8) (d), the carrier waives its right to that reimbursement if it does not obtain the Fund’s consent to a settlement” (id. at 1362; see Matter of Care Diagnostic Laboratory, 2006 WL 832793 , *2, 2006 NY Wrk Comp LEXIS 2612, *4 [WCB No. 2931 7021, Mar. 28, 2006]; Matter of Brigotta Farmland, 2006 WL 1064007 , *2-4, 2006 NY Wrk Comp LEXIS 3343, *5-10 [WCB No. 8021 3739, Apr. 18, 2006]). Upon remittal, the Board found that this case is factually indistinguishable from its prior decisions and, therefore, treated it consistently therewith. Inasmuch as the Board’s decision represents a rational, consistent interpretation and application of the relevant statute, we will not disturb it

p. 1019

(see Workers’ Compensation Law § 29; see also Matter of Drewes v Guterl Steel, 305 AD2d 769 , 770 [2003]; Matter of State Farm Mut. Auto. Ins. Co. v Levin, 263 AD2d 233 , 237 [2000], lv denied 95 NY2d 754 [2000]).

Spain, J.E, Stein, McCarthy and Egan Jr., JJ., concur. Ordered that the decision is affirmed, without costs.

Cases cited

Claim of Drewes v. Guterl Steel 305 AD2d 769 N.Y. App. Div. 2003-05-08 at 770 p. 1019
State Farm Mutual Automobile Insurance v. Levin 263 AD2d 233 N.Y. App. Div. 2000-01-27 at 237 p. 1019