Legal Opinion

Claim of Whitsell v. Academy Auto Sales

Appellate Division of the Supreme Court of the State of New York

Decided May 4, 1962PublishedCited by 2 opinions

1Opinion of the Court

Appeal from a decision of the Workmen’s Compensation Board. The appellants, employer and carrier, do not dispute the finding of the board that the claimant is decedent’s widow; or that there is sufficient evidence to find she is his widow. Her claim was not filed until May 4, 1960, more than two years after the death on September 15, 1957. The essential question in the case is whether the claim filed within the two-year period by the decedent’s niece, who was not a dependent, is sufficient to protect the award to the widow. The claim filed by the niece November 11, 1957 was entitled “Claim…

2Cited by2 opinions

  1. Brezickyj v. Eastern Railroad Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
  2. Stallings v. F.M.C. Corp.District Court of Appeal of Florida · 1995

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