Claim of Monteleone v. Town of North Castle

Mercure, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed May 4, 2009, which ruled that the employer was entitled to reimbursement for wages paid to claimant during the period of disability.

Claimant injured his shoulder at work-in 2005 and filed a claim for workers’ compensation benefits. Pursuant to a stipulation negotiated in 2008, claimant and the self-insured employer agreed that claimant suffered a 25% schedule loss of use of his right arm entitling him to an award encompassing 78 weeks of compensation. Inasmuch as claimant had been paid *1423full wages for 46 days when he…