Appellate Division of the Supreme Court of New York, 1950

Claim of Bales v. Post Service Station

Claim of Bales v. Post Service Station
Appellate Division of the Supreme Court of New York · Decided May 10, 1950
277 A.D.2d 818
Claim of Bales v. Post Service Station

Opinion of the Court

Appeal by employer and carrier from a decision of the Workmen’s Compensation Board directing the carrier to remit $500 to the claimant. Claimant was awarded the sum of $2,500 for serious facial disfigurement, and the award was paid by the carrier. Because of a violation of the Labor Law a *819like award was made against the employer. The employer, however, obtained a review, and the amount of the award against the employer was reduced to $2,000. Subsequently, a schedule award was made to claimant for another injury, amounting' to $780. The carrier, without authorization, deducted from this award the sum of $500 which it claims was an overpayment on the previous award. This procedure is unauthorized, and the board properly directed remittance of the additional $500 to the claimant. Decision unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Heffernan, Deyo, Bergan and Coon, JJ. [See post, p. 913.]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.