Hardie v. New York State Attica Correctional Facility

Appeal from a decision of the Workers’ Compensation Board, filed July 28, 1987, which, inter alia, held that claimant could not withdraw her claim.

Claimant’s deceased husband was one of the State correctional employees killed when the State Police and other law enforcement agencies retook Attica Correctional Facility in Wyoming County during the prisoner uprising in September 1971. Shortly thereafter, she filed a claim for workers’ compensation death benefits and received and cashed a number of compensation checks from the State Insurance Fund, until she retained an attorney and, upon his…