Claim of Giaquinto v. Major Sanitation, Inc.

OPINION OF THE COURT

Casey, J.

On this appeal, the employer and its carrier contend that the refusal of the board to subject the respondent widow’s “mother’s benefits”, received by her under the Social Security Act (US Code, tit 42, § 402, subd [g], par [1]), to the offset provisions of subdivision 2-a of section 16 of the Workers’ Compensation Law is erroneous, as a matter of law. It is undisputed that the decedent husband, a 41-year-old corporation president, was killed by an unknown assailant in the course of his employment and that he left the widow and two infant children surviving him.

Sepa…