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Matter of Poupard v. Mohonasen Central School District

Court of Appeals of the State of New York
May 18, 1982
437 N.E.2d 276 (N.Y. 1982)

Opinion

Decided May 18, 1982

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.

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.


On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order affirmed, with costs ( Matter of Jefferson v Bronx Psychiatric Center, 55 N.Y.2d 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.


Summaries of

Matter of Poupard v. Mohonasen Central School District

Court of Appeals of the State of New York
May 18, 1982
437 N.E.2d 276 (N.Y. 1982)
Case details for

Matter of Poupard v. Mohonasen Central School District

Case Details

Full title:In the Matter of the Claim of NANCY POUPARD, Respondent, v. MOHONASEN…

Court:Court of Appeals of the State of New York

Date published: May 18, 1982

Citations

437 N.E.2d 276 (N.Y. 1982)
437 N.E.2d 276
452 N.Y.S.2d 17

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