Claim of Poupard v. Mohonasen Central School District

New York Court of Appeals

Claim of Poupard v. Mohonasen Central School District

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

New York Court of Appeals·Decided May 18, 1982·Published·Cited by 3 cases

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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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.

Claim of Poupard v. Mohonasen Central School District, 437 N.E.2d 276, 56 N.Y.2d 764, 452 N.Y.S.2d 17, 1982 N.Y. LEXIS 3411 (N.Y. 1982).

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437 N.E.2d 276 (Claim of Poupard v. Mohonasen Central School District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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