Opinion
June 26, 1944.
Appeal by Arcy Doll Toy Manufacturing Company from an order declaring null, void and of no effect a notice of lien filed by it. Order affirmed, with ten dollars costs and disbursements. The award against an employer pursuant to section 14-a Work. Comp. of the Workmen's Compensation Law is in the nature of a penalty for the illegal employment of minors, for which the employer alone is liable, and from which he may not be relieved by insurance. To permit him to have a lien against the proceeds of the employee's third party action would render nugatory the legislative intent as disclosed by that section.
The statute (§ 29) says "shall have a lien on the proceeds of any recovery * * * to the extent of the total amount of compensation awarded under or provided or estimated" etc. (Italics supplied.) This language should be construed exactly as it reads. [ 182 Misc. 214.]