Claim of McMillan v. Police Dogs, Inc.

The threshold question presented is whether a

stepchild is required to show dependency to qualify for death benefits. A "child”, of course, is not so required (Matter of Schechter v State Ins. Fund, 24 AD2d 313, affd 18 NY2d 767). Subdivision 11 of section 2 of the Workmen’s Compensation Law defines a "child” as including "a posthumous child, a child legally adopted prior to the injury of the employee; and a step-child or acknowleged illegitimate child dependent upon the deceased.” The question therefore posed is whether the restrictive phrase "dependent upon the deceased” applies only to the…