Claim of Washington v. Vogue Metalcraft, Inc.

— Appeal from a decision of the Workers’ Compensation Board, filed November 25, 1981. The sole issue on this appeal is whether the board erred in concluding that the offset provisions of subdivision 2-a of section 16 of the Workers’ Compensation Law are inapplicable where a widow is not actually receiving Social Security survivor’s insurance benefits, although she might be entitled to receive such benefits. Claimant’s husband was killed in an industrial accident, leaving claimant and two children surviving him. After filing a claim for a death benefit, claimant testified that she was…