Salibene v. Mario Papa and Sons

• Decision Date: 26 April 1979
• Citation: 416 N.Y.S.2d 94,69 A.D.2d 972
• Parties: Claim of Ann SALIBENE, Appellant, v. MARIO PAPA AND SONS et al., Respondents, Workers' Compensation Board, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 94

416 N.Y.S.2d 94

69 A.D.2d 972

Claim of Ann SALIBENE, Appellant, v. MARIO PAPA AND SONS et al., Respondents Workers' Compensation Board, Respondent.

Supreme Court, Appellate Division, Third Department.

April 26, 1979.

Michael Raphael, Amsterdam, for appellant.

Before SWEENEY, J. P., and KANE, STALEY, MAIN and MIKOLL, JJ.

MEMORANDUM DECISION.

Appeal from a decision of the Workers' Compensation Board, filed April 13, 1978, which denied a request for penalties to be levied against the employer/carrier for late payments of awards.

Claimant was granted an award of $4,870.40 with payments of $32 per week by the Administrative Law Judge on March 29, 1976. The employer/carrier appealed the award on April 19, 1976 to the board. On December 22, 1976, the board modified the Administrative Law Judge's decision and found permanent partial disability to result in $20 a week reduced earning rate and the award was modified to $3,104. Additional counsel fees of $150 were ordered to be paid to claimant's attorney. The carrier paid the award on February 1, 1976.

Claimant sought a hearing before the board in which she requested that a penalty of 20% Be imposed for the award made by the Administrative Law Judge of $4,870.40 because payment was not made to claimant within 10 days (Workers' Compensation Law, § 25, subd. 3, par. (c)). Claimant also requested a second penalty because the award made by the board on December 22, 1976 was not paid until February 1, 1977. The board found:

(T)hat the carrier's action was proper, in that, an appeal was timely filed pursuant to section 23 of the Workers' Compensation Law; that payments were made...