MATTER OF SALERNO v. BD. OF EDUC., UTICA CITY SCH. DIST.


35 A.D.2d 764 (1970)

In the Matter of the Claim of Eleanor Salerno, Respondent, v. Board of Education, Utica City School District, et al., Appellants, and Special Disability Fund, Respondent. Workmen's Compensation Board, Respondent

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

October 28, 1970


The sole issue is whether the board properly apportioned responsibility for death benefits between the carrier and Special Disability Fund, limiting the carrier's reimbursement after 104 weeks to 50% of the death claim when a prior heart attack and a subsequent fatal heart attack during the same employment formed the basis for relief under section 15 (subd. 8, par. [e]) of the Workmen's Compensation Law. The decision of the board is supported by the cases previously decided...

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