Claim of Drew v. Board of Education

Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur. Herlihy, P. J., dissents and votes to remit in the following memorandum: I agree with the majority that the constitutional issues attempted to be raised are without merit. However, the majority appear to be holding that an actual claim must be filed prior to the making of an award by a Referee when as a matter of law all that is necessary is that the board have notice prior to an award that wages are being paid during the period of disability from which notice the board may infer a request for reimbursement. (See Matter of White v.…