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MATTER OF POUPARD v. MOHONASEN CENT. SCH. DIST.

56 N.Y.2d 764 (1982)

In the Matter of the Claim of Nancy Poupard, Respondent, v. Mohonasen Central School District et al., Appellants. Workers' Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided May 18, 1982.

Attorney(s) appearing for the Case

Raymond C. Green and Thomas J. Spargo for State Insurance Fund and another, appellants.

Bernard F. Ashe and Ira Paul Rubtchinsky for Nancy Poupard, respondent.

Robert Abrams, Attorney-General (Shirley Adelson Siegel of counsel), for Workers' Compensation Board, respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs (Matter of Jefferson v Bronx Psychiatric Center, 55 N.Y.2d 69). Where, as here, the employer has not offered to recredit the claimant for wages paid and charged to her accumulated sick leave credits, the net benefit resulting to the employer precludes reimbursement under section 25 (subd 4, par...

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