Legal Opinion
Shulman v. Ben Shulman Associates, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 6, 1975PublishedCited by 4 opinions
1Opinion of the CourtHerlihy, P. J.
This is an appeal from a decision of the Workmen’s Compensation Board, filed April 18, 1974, which held that the carrier was entitled to a credit less than the total amount received by the claimant from a third-party wrongful death action.
Pursuant to the provisions of section 29 of the Workmen’s Compensation Law an insurance carrier liable for the payment of benefits to a deceased employee’s dependents is entitled to a credit for the proceeds of any recovery by such dependent from a third party for the wrongful death of the employee. In the present case the claimant, widow, pursued a…
2Cases cited3 opinions
- Claim of Zirpola v. T. & E. Casselman, Inc.New York Court of Appeals · 1924
- Claim of Petterson v. Daystrom Corp.New York Court of Appeals · 1966
- Claim of O'Brien v. New York Water Service Corp.Appellate Division of the Supreme Court of the State of New York · 1940
3Cited by4 opinions
- Claim of Harris v. Grey Advertising, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Claim of Nakoneczna v. I & L EisenbergAppellate Division of the Supreme Court of the State of New York · 1977
- Bopp v. WiestNew York Supreme Court · 1996
- Bopp v. WiestAppellate Division of the Supreme Court of the State of New York · 1997