Legal Opinion

Claim of Keser v. New York State Elmira Psychiatric Center

New York Court of Appeals

Decided July 1, 1998PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Ciparick, J.

Do the late payment penalty provisions of Workers’ Compensation Law § 25 (3) (f) apply to reimbursements untimely made by an employer’s compensation carrier for wages paid during a period of employee disability, and, if so, do they apply where the reimbursement is made in a form other than monetary payment to the employee? We answer both questions in the affirmative and therefore affirm the Appellate Division order upholding the award to claimant Peter Keser of a 20% penalty imposed upon appellant State Insurance Fund (the carrier) for late reimbursement to…

2Cases cited11 opinions

  1. Claim of Dickman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1966
  2. Claim of Surdi v. Premium Coal & Oil Co.New York Court of Appeals · 1981
  3. MATTER OF DICKMAN v. City of New YorkNew York Court of Appeals · 1966
  4. Claim of White v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1981
  5. Claim of Deas v. New York City Housing AuthorityNew York Court of Appeals · 1989

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3Cited by15 opinions

  1. Malone v. Bob Bernhardt PavingNew York Court of Appeals · 2004
  2. Claim of Lehsten v. NACM-Upstate New YorkNew York Court of Appeals · 1999
  3. Claim of Deich v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 2004
  4. Anderson v. Central New York Developmental Disabilities Service OfficeAppellate Division of the Supreme Court of the State of New York · 2003
  5. Matter of McCabe v. Albany County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 2015

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