Claim of Smolicz v. Fitzgerald

Appeal from a decision of the Workers’ Compensation Board, filed April 25, 2005, which granted death benefits to Michelle Stabile as decedent’s domestic partner.

Frank Koestner (hereinafter decedent) perished in the September 11, 2001 terrorist attacks while working for the employer at the World Trade Center in New York City. Claimant, decedent’s former wife and the mother of their daughter, filed a claim for a workers’ compensation death benefit (see Workers’ Compensation Law § 16) on behalf of the child. As a result, a $400 weekly award was made to the child.

Michelle Stabile later objected…