MATTER OF VOLCJAK v. Cherry Lane Motors, Inc.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In each case, the claimant was almost 60 years old when her husband died of injuries sustained in the course of employment. Upon turning 60, claimants became eligible for, and shortly thereafter began receiving, Social Security survivors’ benefits. When the workers’ compensation death benefit awards were rendered, claimants were receiving survivors’ benefits, and thus under the plain language of Workers’ Compensation Law § 16 (1-c), the Board should have applied the statutory offset.

That section…