258 A.D. 969 | N.Y. App. Div. | 1940
Action to recover damages for personal injuries. By section 29 of the Workmen’s Compensation Law, as amended by chapter 328 of the Laws of 1935, in force when the plaintiff was injured, applied to the facts herein, the injured employee having elected to take compensation, his cause of action against the third party became the property of the insurance carrier and the latter not only had the right to sue the third party but out of any recovery was entitled to one-third over the amount paid out for compensation, medical expenses and costs of the recovery, and the employee was entitled to two-thirds. The third party was subject to suit by the carrier but not by the employee, could make settlement with the carrier and was not required to deal with the employee. Under section 29 of the Workmen’s Compensation Law, as amended by chapter 684 of the Laws of 1937, subject to certain limitations, the employee is not required to elect, but may