Hirsch v. Workmen's Compensation Board

This is an appeal from an order denying a motion made by defendant, Workmen’s Compensation Board of the State of New York, to dismiss the complaint in an action for a declaratory judgment.

It should be stated that the problem posed arises because, coincidentally, the same insurance company provides the coverage for both public liability and workmen’s compensation.

The plaintiff, whose husband was killed as the result of an accident at his place of employment, filed a claim for compensation and also commenced a third-party action to recover damages for the death of her husband. The widow has…