Claim of Schmidt v. Deridder, Inc.

Claimant and her husband executed a separation *19agreement in 1959 and lived apart thereafter. He received a compensation award in 1972 for a work-related arm injury, but died of unrelated causes in 1973 at a time when his schedule award had not yet expired. The board has directed payment of such remaining benefits to claimant pursuant to paragraph a of subdivision 4 of section 15 of the Workmen’s Compensation Law. The employer and its carrier now appeal asserting that claimant released whatever rights she may have had to benefits payable to her husband when she executed the foregoing agreement…