Appellate Division of the Supreme Court of the State of New York June 16, 1955 (Claim of Berenberg v. Park Memorial Chapel)

Zeller, J.

The issue presented upon this appeal is whether the Workmen’s Compensation Board may require an insurance carrier to pay compensation to a claimant for disability due to an assault by a coemployee, arising out of and in the course of employment, after the claimant has effected a settlement of damages with the coemployee without the approval of the carrier.