KESER v. ELMIRA PSYCHIATRIC


92 N.Y.2d 100 (1998)

699 N.E.2d 411

677 N.Y.S.2d 52

In the Matter of the Claim of Peter Keser, Respondent, v. New York State Elmira Psychiatric Center et al., Appellants. Workers' Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided July 1, 1998.


Attorney(s) appearing for the Case

James J. Fehrer, New York City, and James P. O'Connor for appellants.

Dennis C. Vacco, Attorney-General, New York City (M. Patricia Smith, Barbara G. Billet, Peter H. Schiff, Daniel F. De Vita and Iris A. Steel of counsel), for Workers' Compensation Board, respondent.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE and WESLEY concur.


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...

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