MATTER OF DUNCAN v. ODORA CO.


278 A.D. 992 (1951)

In the Matter of the Claim of John R. Duncan, Respondent, v. Odora Company et al., Appellants, and Aggregate Trust Fund, State Insurance Fund, Respondent. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 29, 1951.


Claimant's wife died in 1945, as the result of an industrial accident, and an award was made to claimant for partial dependency, the value of which was subsequently computed and paid into the Aggregate Trust Fund, pursuant to the provisions of section 27 of the Workmen's Compensation Law. At that time evidence was presented indicating that claimant had been substantially unemployed for some time due to his physical condition, although there was medical testimony to the effect...

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