Catapano v. Jow, Inc.
Cases that cite this one
5 later published cases cite this decision.
- Matter of Davis v. Hutchings Children Servs. (Appellate Division of the Supreme Court of New York 2023)
- Claim of Mancini v. Office of Children & Family Services (Appellate Division of the Supreme Court of New York 2017)
- Ace Fire Underwriters Insurance v. Special Funds Conservation Committee (Appellate Division of the Supreme Court of New York 2015)
- Empire State Transportation Workers' Compensation Trust v. Special Funds Conservation Committee (Appellate Division of the Supreme Court of New York 2015)
- Wheeler v. Bloomingdales (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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
Spain, J.E, Stein, McCarthy and Egan Jr., JJ., concur. Ordered that the decision is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.