Morgan v. New York State Developmental Center

Appeal from a decision of the Workers’ Compensation Board, filed March 29,1989.

The employer contends that the Workers’ Compensation Board erred in concluding that the employer was not entitled to reimbursement out of claimant’s workers’ compensation award for the period during which claimant was on sick leave at half pay. According to the employer, the amount received by claimant during this period is reimbursable, pursuant to Workers’ Compensation Law § 25 (4) (a), as advance payments of compensation. Citing Matter of Jefferson v Bronx Psychiatric Center (55 NY2d 69), the Board concluded…