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MATTER OF DREW v. BD. OF EDUC. OF UNION FREE SCH. DIST. NO. 1, TOWN OF CARROLLTON

35 A.D.2d 871 (1970)

In the Matter of the Claim of Kenneth M. Drew, Respondent, v. Board of Education of Union Free School District No. 1, Town of Carrollton, et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 12, 1970

The employer is not entitled to recovery since the statute makes reimbursement conditional upon the employer's filing a claim therefor prior to the time the award of compensation is made, a condition not complied with here (Workmen's Compensation Law, § 25, subd. 4; Matter of Wrubel v. Surprise Press, 277 App. Div. 192, 193; Matter of Poveromo v. Taylor, 275 App. Div. 518, affd. 301 N.Y. 513). The board has found that no...

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