Martin v. Agway Petroleum Corp.

Order modified on the law and as modified affirmed without costs, in accordance with the following memorandum: As workers’ compensation carrier for plaintiffs decedent’s employer, appellant State Insurance Fund paid decedent the sum of $23,040 in disability and wage benefits and $109,362.10 in medical benefits. Following decedent’s death, appellant paid an additional $62,442.63 in death benefits and funeral expenses to plaintiff, decedent’s widow, and became obligated to pay *1130plaintiff future death benefits of $171.66 per week. During trial of plaintiff’s third-party personal injury and…