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MTR OF SCHMIDT v. DERIDDER, INC

48 A.D.2d 18 (1975)

In the Matter of the Claim of Jean Schmidt, Respondent, v. Deridder, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

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

May 8, 1975

Attorney(s) appearing for the Case

Walworth, Harding & Welt (Patrick J. Malone of counsel), for appellant.

Lo Monaco & Lo Monaco for Jean Schmidt, respondent.

Louis J. Lefkowitz, Attorney-General (Jorge L. Gomez and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

HERLIHY, P. J., GREENBLOTT, SWEENEY and REYNOLDS, JJ., concur.

KANE, J.

Claimant and her husband executed a separation agreement in 1959 and lived apart thereafter. He received a compensation award in 1972 for a work-related arm injury, but died of unrelated causes in 1973 at a time when his schedule award had not yet expired. The board has directed payment of such remaining benefits to claimant pursuant to paragraph a of subdivision 4 of section 15 of the Workmen's Compensation...

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