Claim of Green v. Ferguson

Appeal from a decision of the Workmen’s Compensation Board, filed November 9, 1971, reversing a decision of the referee which had disallowed the claim of the decedent’s widow for death benefits. The first issue raised on this appeal is whether the bar of section 28 of the Workmen’s Compensation Law to a claim filed more than two years after decedent’s death was waived by an advance payment of compensation. We concur in the board’s affirmative finding on this question. The board found, on ample evidence, that a few days after decedent’s death, the employer had given decedent’s son $200 over…