Legal Opinion
Claim of Racha v. Vernon Racha/Vern's Truck & Diesel Service
Appellate Division of the Supreme Court of the State of New York
Decided October 12, 1989Published
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
The Workers’ Compensation Board denied a claim for death benefits filed on behalf of a child born subsequent to the death of the unmarried decedent, finding no evidence of the child’s dependency on decedent. We reverse.
According to the undisputed testimony of the child’s mother and paternal and maternal grandparents, decedent and the mother had a steady relationship for about one year prior to decedent’s death. Decedent was 18 years old when he was killed in an industrial accident. The mother was 20 years old and seven months pregnant. Decedent was living with his…
2Cases cited4 opinions
- Claim of Burns v. Robert Miller Construction, Inc.New York Court of Appeals · 1982
- Claim of Bielinski v. Herman Ungerman, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Claim of Hunter v. Goodstein Bros.Appellate Division of the Supreme Court of the State of New York · 1956
- Claim of Thompson v. Thomashoff Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1969