Claim of Bielinski v. Herman Ungerman, Inc.

OPINION OF THE COURT

Yesawich, Jr., J.

The sole issue on this appeal is whether a child legally adopted by another prior to her natural father’s death is entitled to death benefits under section 16 of the Workers’ Compensation Law upon the death of the natural father. We conclude that she is not.

On July 18, 1980, Henry J. Bielinski sustained a fatal compensable injury. At the time of his death, he had been married to Victoria J. Bielinski for eight years; they had three children. In April, 1980, three months prior to decedent’s death, Karen Hope Bielinski, a child born of decedent’s marriage to…