Matter of Whiteman v Richmor Aviation, Inc.
2010 NY Slip Op 03506 [72 AD3d 1425]
April 29, 2010
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 9, 2010


In the Matter of the Claim of Erica Whiteman, Appellant, v Richmor Aviation, Inc., et al., Respondents. Workers' Compensation Board, Respondent.

—[*1] Buckley, Mendleson, Criscione & Quinn, P.C., Albany (James E. Buckley of counsel), for appellant.

Stockton, Barker & Mead, L.L.P., Albany (Leith Carole Ramsey of counsel), for Richmor Aviation, Inc. and another, respondents.

Lahtinen, J. Appeal from a decision of the Workers' Compensation Board, filed August 29, 2008, which ruled that the employer's workers' compensation carrier was entitled to offset its future compensation to claimant pursuant to Workers' Compensation Law § 29 (4).

The current case arises from the same aircraft accident as in Matter of Hiser v Richmor Aviation, Inc. (72 AD3d 1483 [2010] [decided herewith]) and involves the identical issue. For the reasons set forth in Hiser, we reverse and remit to the Workers' Compensation Board for further proceedings.

Peters, J.P., Malone Jr., Stein and Garry, JJ., concur. Ordered that the decision is reversed, without costs, and matter remitted to the [*2]Workers' Compensation Board for further proceedings not inconsistent with this Court's decision.