Legal Opinion
Claim of Burns v. Robert Miller Construction, Inc.
New York Court of Appeals
Decided April 7, 1982PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
When a claim is filed for death benefits under the Workers’ Compensation Law by or on behalf of a child born out of wedlock to a deceased worker, there is strong reason to require proof of paternity and dependency. It is unconstitutional, however, to require the additional proof of acknowledgment as a prerequisite to approving the child’s claim.
Twenty-year-old Ricky Burns died on November 2,1971, two weeks after he started his new construction job, when a wall collapsed on him during a severe windstorm. Claimant was born approximately eight and one-half…
2Cases cited14 opinions
- Shapiro v. ThompsonSupreme Court of the United States · 1969
- Loving v. VirginiaSupreme Court of the United States · 1967
- City of New Orleans v. DukesSupreme Court of the United States · 1976
- Weber v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1972
- Trimble v. GordonSupreme Court of the United States · 1977
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Matter of JacobNew York Court of Appeals · 1995
- Crosby v. WORKERS'COMP.New York Court of Appeals · 1982
- Claim of Cruz v. New Millennium Construction & Restoration Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Bettelon v. Metalock Repair ServiceMichigan Court of Appeals · 1984
- Sondra S. v. Jay O.New York City Family Court · 1984
8 more not listed; retrieve them via the Exa API.