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MATTER OF CLAIM OF McFADDEN v. NEW YORK CITY DEPARTMENT OF CORRECTION

510044

81 A.D.3d 1057 (2011)

916 N.Y.S.2d 323

In the Matter of the Claim of NEDRA McFADDEN, Appellant, v. NEW YORK CITY DEPARTMENT OF CORRECTION, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 10, 2011.

Peters, J.P.

Claimant, a correction officer, suffered a work-related injury to her right shoulder in 2002 that led to a schedule loss of use award. A Workers' Compensation Law Judge (hereinafter WCLJ) declined to grant the self-insured employer reimbursement out of the award for wages paid to claimant while she was absent from work, opining that the employer had failed to file a request for that relief (see Workers' Compensation Law § 25 [4] [a]). Upon...

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