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.