Claim of Marshall v. Savannah Sausage Corp.

Mikoll, J. P.

Appeal from a decision of the Workers’ Compensation Board, filed November 2, 1989, as amended by decision filed January 11, 1991, which ruled, inter alia, that claimant’s application for death benefits was not timely filed.

The twofold issue before us is whether the Workers’ Compensation Board properly disallowed claimant’s death claim as untimely made and whether claimant’s attorney was properly denied counsel fees relating to an accident of September 5, 1977 on the ground that compensation benefits did not exceed a third-party net recovery.

James Marshall, a marketing consultant…