Opinion
October 30, 1990
Appeal from the Supreme Court, Bronx County (Howard Silver, J.).
Petitioner, a New York City police officer, suffered injuries as the result of an auto accident while he was operating a New York City Police Department vehicle. Thereafter, he commenced an action against the owner and operator of the other vehicle. Petitioner was found eligible for workers' compensation benefits. On March 23, 1987, petitioner settled for the full amount of the insurance policy.
In order to preserve his rights to workers' compensation, a claimant settling a third-party action must either obtain written approval of the settlement from the payor of workers' compensation benefits or seek a compromise order from the court in which the third-party action is pending. (Workers' Compensation Law § 29.) Such an order may be issued nunc pro tunc if the delay was not the result of plaintiff's neglect or fault and the carrier was not prejudiced. (Davison v. Chemical Leaman Tank Lines, 136 A.D.2d 937.) The city has not been prejudiced by the delay; the settlement was for the full limit of the policy. While petitioner's papers for a compromise order reveal certain technical omissions, there was satisfactory compliance with the statutory requirement. (Matter of Spurling v Beach, 93 A.D.2d 306, lv denied 64 N.Y.2d 605.)
Concur — Ross, J.P., Milonas, Asch, Ellerin and Rubin, JJ.