Appellate Division of the Supreme Court of the State of New York September 27, 2012 (Claim of Beth V. v. New York State Office of Children & Family Services)

Mercure, J.E

Appeal from a decision of the Workers’ Compensation Board, filed December 23, 2010, which ruled that the workers’ compensation carrier can take credit against claimant’s third-party settlement recovery.

While working as a youth division aide at a juvenile detention center, claimant was physically assaulted, raped and kidnapped.