Opinion
November 9, 1967
Appeal by the employer and carrier from a decision of the Workmen's Compensation Board directing the carrier to pay a 20% penalty pursuant to section 25 (subd. 3, par. [c]) of the Workmen's Compensation Law. Following hearings on claimant's contested claim for benefits the Referee made an award on June 22, 1965 in the presence of all parties (appellants' attorney expressly noting his "exception to the finding and award") which was followed by the usual notice of decision and award on June 29, 1965. Payment of the award was not made until July 27, 1965. No appeal was ever taken (par. [c]). A penalty of 20% was thereupon assessed for failure "to make payments of compensation according to the terms of the award within ten days thereafter" as required by the section (Workmen's Compensation Law, § 25, subd. 3, par. [c]). No issue was created as to the sending of the notice on June 29 to both the employer and the carrier and we cannot agree with appellants' contention that the time limitation prescribed by the section begins to run from the time of receipt of the formal notice of decision by the carrier. We further observe that no claim is made that the employer failed to receive immediate notice of the award. The purpose of section 25 Work. Comp. of the Workmen's Compensation Law is to insure that the injured employee promptly receives payment of benefits under the law to the extent conceded ( Matter of Urchenko v. City of New York, 25 A.D.2d 804). The penalty was properly assessed. ( Matter of Hart v. Perkins, 258 N.Y. 66.) Decision affirmed, with costs to the Workmen's Compensation Board. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Gabrielli, J.