Appellate Division of the Supreme Court of the State of New York January 5, 2012 (Catapano v. Jow, Inc.)

Malone Jr., J.

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.