Claim of Adolf v. City of Buffalo Board of Education

OPINION OF THE COURT

Memorandum.

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

Section 25 (subd 4, par [a]) of the Workers’ Compensation Law entitles an employer to reimbursement out of compensation due when he has either made advance payment of compensation or continued payment of wages. The only statutory limitations on that right are that it may be waived by filing a document so stating with the chairman of the board and it may be lost by failing to file a claim before compensation is awarded.

Though nothing in the section proscribes a contractual waiver by the employer,…