Appellate Division of the Supreme Court of New York, 1994

Claim of Zechmann v. Canisteo Volunteer Fire Department

Claim of Zechmann v. Canisteo Volunteer Fire Department
Appellate Division of the Supreme Court of New York · Decided July 7, 1994
206 A.D.2d 581; 615 N.Y.S.2d 1017; 1994 N.Y. App. Div. LEXIS 7205
Claim of Zechmann v. Canisteo Volunteer Fire Department

Opinion of the Court

—Appeals from a decision and an amended decision of the Workers’ Compensation Board, filed October 23, 1991 and January 6, 1993, which directed that the award of death benefits be paid by the Special Fund for Reopened Cases.

Upon the death of her husband, claimant’s decedent applied to the Board for death benefits. We agree with the Board’s conclusion that this claim is not barred by Workers’ Compensation Law § 123 and, therefore, the Special Fund for Reopened Cases is liable for the payment of said death benefits under Workers’ Compensation Law § 25-a.

Cardona, P. J., Crew III, Casey, Weiss and Peters, JJ., concur. Ordered that the decision and amended decision are affirmed, without costs.

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