McDonnell v. City of New York

This is an appeal by the self-insured employer from an award and decision of the State Industrial Board denying the application of the city of New York for an order directing the Commissioner of Taxation and Finance to make reimbursement of the amount of compensation paid under an award which the Board later rescinded when it was found to have been based upon a mistake of fact.

While the erroneous award was in force the city of New York paid $1,519.63 to the claimant. It is this amount which the city now seeks to recoup from the Special Fund out of which the claimant should have been paid.

James…