Claim of Groth v. Daimler Chrysler Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Appeal from a decision of the Workers’ Compensation Board, filed June 1, 2006, which ruled that the employer is entitled to reimbursement for certain benefits paid to claimant.
Claimant suffered a work-related injury in April 2002. Pursuant to a union contract, the employer continued paying claimant his wages, a portion of which would equal workers’ compensa*1022tion benefits and the remainder “top off’ benefits from its sickness and accident (hereinafter S & A) benefits plan. Following a hearing, in January 2003 a Workers’ Compensation Law Judge (hereinafter WCLJ) awarded claimant temporary…
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