Legal Opinion

Claim of Yu Ping Jin v. Chen Dun Kai

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 2011Published

1Opinion of the CourtKavanagh, J.

Decedent was delivering food on a motorcycle for the employer when he sustained fatal injuries in a motor vehicle accident. Two days after the accident, the employer filed a C-2 form reporting his death and stated that decedent’s gross weekly wage was $350. Claimant, decedent’s widow, subsequently filed an application for death benefits, alleging that decedent’s monthly pay was $2,500. Thereafter, the employer filed a C-ll form which reported that decedent earned $780 per week. After concluding that decedent’s death arose from a work-related injury, a hearing was held and a Workers’…

2Cases cited5 opinions

  1. Claim of Bran v. WimbishAppellate Division of the Supreme Court of the State of New York · 2010
  2. Claim of Blackwelder v. Faith Heritage SchoolAppellate Division of the Supreme Court of the State of New York · 2006
  3. Claim of Kellish v. Kellish Tire Sales, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  4. Claim of Salinas v. DinerAppellate Division of the Supreme Court of the State of New York · 2003
  5. Claim of Tangora v. Volume Services AmericaAppellate Division of the Supreme Court of the State of New York · 2006

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