MATTER OF GREEN v. FERGUSON


43 A.D.2d 1006 (1974)

In the Matter of the Claim of Matilda Green, Respondent, v. Stanley Ferguson et al., Appellants. Workmen's Compensation Board, Respondent

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

February 28, 1974


The first issue raised on this appeal is whether the bar of section 28 of the Workmen's Compensation Law to a claim filed more than two years after decedent's death was waived by an advance payment of compensation. We concur in the board's affirmative finding on this question. The board found, on ample evidence, that a few days after decedent's death, the employer had given decedent's son $200 over and above decedent's back pay to help the widow meet expenses which would...

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