Opinion

Claim of Poupard v. Mohonasen Central School District

56 N.Y.2d 764
452 N.Y.S.2d 17
437 N.E.2d 276
1982 N.Y. LEXIS 3411

Court: New York Court of Appeals
Filed: May 18, 1982
Status: Published
Cited by: 3 cases
Authority: More cited than 63.8%

The opinion

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs (Matter of Jefferson v Bronx Psychiatric Center, 55 NY2d 69 ). Where, as here, the employer has not offered to recredit the claimant for wages paid and charged to her accumulated sick leave credits, the net benefit resulting to the employer precludes reimbursement under section 25 (subd 4, par [a]) of the Workers’ Compensation Law.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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