Claim of McFadden v. New York City Department of Correction

Peters, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed October 6, 2009, which ruled that the employer is entitled to reimbursement for certain benefits paid to claimant.

Claimant, a correction officer, suffered a work-related injury to her right shoulder in 2002 that led to a schedule loss of use award. A Workers’ Compensation Law Judge (hereinafter WCLJ) declined to grant the self-insured employer reimbursement out of the award for wages paid to claimant while she was absent from work, opining that the employer had failed to file a request for that relief (see Workers’…