Claim of Deas v. New York City Housing Authority

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the decision of the Workers’ Compensation Board reinstated.

Workers’ Compensation Law § 25 (3) (c) (since amended with minor changes and renumbered as Workers’ Compensation Law § 25 [3] [d]) provides that an employer or insurer that fails to make timely payment of a workers’ compensation award must pay a penalty "to the injured worker or his or her dependents.” A penalty was assessed against respondent State Insurance Fund for not timely reimbursing the Housing Authority even though the…