Legal Opinion

Jefferson v. Bronx Psychiatric Center

New York Court of Appeals

Decided February 16, 1982PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

The order of the Appellate Division should be affirmed, with costs.

Under section 25 (subd 4, par [a]) of the Workers’ Compensation Law, an employer’s “advance payment of compensation” or “payments to an employee in like manner as wages” during a period of disability need not be voluntary in order to be reimbursable. So their character is not altered when, as here, they are required to be made pursuant to a collective bargaining agreement. (See Matter of Adolf v City of Buffalo Bd. of Educ., 50 NY2d 871 [contract provision, at p 875].)

While, therefore, without more, this…

3Cases cited4 opinions

  1. MATTER OF LYNCH v. Bd. of Educ. of the City of New YorkNew York Court of Appeals · 1957
  2. Claim of Adolf v. City of Buffalo Board of EducationNew York Court of Appeals · 1980
  3. Claim of Lynch v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1956
  4. Claim of Milan v. Trico Products Corp.New York Court of Appeals · 1981

4Cited by16 opinions

  1. Claim of Landgrebe v. County of WestchesterNew York Court of Appeals · 1982
  2. Claim of Houda v. Niagara Frontier HockeyAppellate Division of the Supreme Court of the State of New York · 2005
  3. Claim of Jones v. Chevrolet-Tonawanda Division, GMCAppellate Division of the Supreme Court of the State of New York · 1982
  4. Silvanic v. Wall-To-Wall Sound & VideoAppellate Division of the Supreme Court of the State of New York · 1992
  5. Claim of Knoll v. Chemung CountyAppellate Division of the Supreme Court of the State of New York · 2007

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