Legal Opinion

Sommerville v. Sommerville

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

Decided February 20, 1975PublishedCited by 2 opinions

1Opinion of the Court

Appeal from decisions of the Workmen’s Compensation Board, filed October 29, 1973 and May 13, 1974, which held that the decedent’s claim was not barred by a failure to timely file and that death resulted from a compensable accident and directed appropriate payments. The board found that the employer waived the two-year filing limitation applicable to the claimant (Workmen’s Compensation Law, § 28) by making a prepayment of benefits in ithe form of funeral expenses. The record establishes that the deceased was the president of the corporate employer which has the same family *685name as decedent.…

2Cases cited1 opinion

  1. Claim of Burcia v. St. Joseph Lead Co.Appellate Division of the Supreme Court of the State of New York · 1954

3Cited by2 opinions

  1. the Claim of Goetzmann v. Buffalo Gun Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
  2. Claim of Tait v. WinesAppellate Division of the Supreme Court of the State of New York · 1975

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