Teller v. Major Sales, Inc.

The opinion of the Court was delivered by

Sullivan, J.

This appeal involves a workmen’s compensation death case where there was a third-party tort recovery for the same death which was greater than the employer’s compensation liability.

Petitioner’s husband was killed in a work-connected accident which occurred on November 3, 1968. In addition to petitioner, the decedent left two dependent children. Immediately following the accident, the compensation carrier filed a notice of direct settlement admitting liability under the statute. Payments were commenced on the basis of full statutory…