Claim of Kirby v. Bloomingdale, Bros.

The employer and insurance carrier appealed from the decision of the State Industrial Board and from the award made thereon awarding to the claimant deficiency death benefits. The deceased was an installment collector. On December 3, 1931, he was riding on one of his employer’s trucks when it collided with an automobile. Decedent had been a victim of tuberculosis and as a result of the accident the disease became active and shortly thereafter decedent died. Prior to his death he brought suit against a third party. He died March 25, 1933, while the action was pending. After his death his widow…