Hyperlawhypertext legal database Claim of Poupard v. Mohonasen Central School District 56 N.Y.2d 764

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Claim of Poupard v. Mohonasen Central School District

56 N.Y.2d 764 Court N.Y. Decision date 1982-05-18 English

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p. 764
In the Matter of the Claim of Nancy Poupard, Respondent, v Mohonasen Central School District et al., Appellants. Workers’ Compensation Board, Respondent.
Decided May 18, 1982
p. 765
APPEARANCES OF COUNSEL
Raymond C. Green and Thomas J. Spargo for State Insurance Fund and another, appellants.
Bernard F. Ashe and Ira Paul Rubtchinsky for Nancy Poupard, respondent.
Robert Abrams, Attorney-General (Shirley Adelson Siegel of counsel), for Workers’ Compensation Board, respondent.

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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