Legal Opinion
Claim of Shumway v. Albany Port Tavern, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 12, 1989PublishedCited by 4 opinions
1Opinion of the CourtMahoney, P. J.
Appeal from a decision of the Workers’ Compensation Board, filed March 17, 1988.
Carl Shumway was killed on December 31, 1985 while working as a bartender. Accident, notice and causal relationship for workers’ compensation death benefits have been established. We are concerned only with whether decedent’s legal spouse abandoned him, thereby foreclosing, pursuant to Workers’ Compensation Law § 16 (1-a), her right to share in the benefits. Decedent and claimant Nancy A. Shumway were *752married on January 28, 1967 and proceeded to have four children. Shumway testified that they lived together until…
2Cases cited4 opinions
- In re the Estate of RuffAppellate Division of the Supreme Court of the State of New York · 1982
- Claim of Johnson v. Birds Eye Frozen FoodsAppellate Division of the Supreme Court of the State of New York · 1969
- Brezickyj v. Eastern Railroad Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Claim of Harge v. Leonard Bell & SonAppellate Division of the Supreme Court of the State of New York · 1960
3Cited by4 opinions
- Meridian Professional Baseball Club v. JensenMississippi Supreme Court · 2002
- Matter of Baczuk v. Good Samaritan HospitalAppellate Division of the Supreme Court of the State of New York · 2015
- Claim of Way v. J & J Log & Lumber Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Meridian Professional Baseball Club v. Blair JensenMississippi Supreme Court · 1999