Claim of Berger v. Berczeley

Appeal by the employer and its carrier from a decision of the Workmen’s Compensation Board awarding death benefits to the mother of the deceased employee. On August 8, 1963, decedent, then age 20, was shot and killed during a holdup at the gas station at which he was employed. Appellants on this appeal dispute the board’s finding that the claimant mother was dependent and its determination to increase the benefits awarded to reflect the decedent’s maximum wage expectancy. The question of dependency is factual (Matter of Martorana v. Tensolite Insulated Wire Co., 14 A D 2d 462), and thus if…