IN RE: the Claim of MERLINE DOBNEY, Respondent, v. EASTMAN KODAK COMPANY
Nov 20, 2014OUTCOME: Decision for the Claimant - AFFIRMED
My client was paid wages while out of work for her work related injury. Workers Compensation Law 25(4)(c) permits the employer to request reimbursement out of a schedule loss of use award only if the e ... mployer files a request for reimbursement and a copy of the employee benefit plan prior to the first award of lost time compensation. Kodak failed to file their employee benefit plan and then argued that the law did not apply to them in this case. I argued that Kodak was not entitled to reimbursement because it had failed to comply with the law. The Law Judge agreed. On appeal, the three member panel agreed in two separate decisions. Kodak appealed to the Third Department and they agreed and affirmed the decision for the Claimant. See the entire decision: http://caselaw.findlaw.com/ny-supreme-court/1684436.html