Claim of Hroncich v. Edison

Mercure, A.P.J.

The employer and its third-party administrator (hereinafter collectively referred to as the employer) appeal, arguing that claimant’s death benefits should be apportioned in the same manner as decedent’s lifetime benefits were apportioned. However, as the employer correctly notes, this Court rejected the identical argument in Matter of Webb v Cooper Crouse Hinds Co. (62 AD3d 57 [2009]), explicitly holding that “apportionment is not available between work-related and non-work-related causes of death” (id. at 60). We are not persuaded by the employer’s arguments urging us to…