Claim of Newman v. Public Oversight Board

OPINION OF THE COURT

Casey, J.

At issue on this appeal is the interpretation of the provisions of Workers’ Compensation Law § 16 (2-a) which govern the death benefits to be paid to a surviving spouse and children upon the spouse’s remarriage. For the surviving spouse, the statute provides two years’ compensation in one sum upon remarriage, and in the case of two surviving children, the statute provides that each child shall receive 25% of deceased employee’s average weekly wage upon remarriage of the surviving spouse (Workers’ Compensation Law § 16 [2-a]). In the case at bar, claimant had been…