Claim of Estate of Allen v. Colgan

— Harvey, J.

Appeal from a decision of the Workers’ Compensation Board, filed October 7, 1991, which ruled that the employer’s insurance carrier was liable for no-dependency payments.

On May 27, 1988, James P. Allen (hereinafter decedent) suffered a fall at his place of employment that left him a quadraplegic and in a coma until his death on January 6, 1991. Decedent’s son, Timothy, filed for workers’ compensation death benefits but his claim was denied because he was over 18 years of age and was not attending school on a full-time basis (see, Workers’ Compensation Law § 16 [2-a], [3-a]).…