Claim of Burns v. Robert Miller Construction, Inc.

OPINION OF THE COURT

Casey, J.

The sole question presented on this appeal is whether the denial of workers’ compensation death benefits to an illegitimate child, who was born after the decedent’s death and who was not acknowledged by the decedent, violates the equal protection clause of the United States Constitution. We hold that it does not.

The purpose of the Workers’ Compensation Law is “to *154secure to workers and their dependents compensation when they are injured or killed in the course of their employment” (Matter of Brezickyj v Eastern R. R. Bldrs., 59 AD2d 578, 579). To this end, section…