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MATTER OF SOMMERVILLE v. SOMMERVILLE

47 A.D.2d 684 (1975)

In the Matter of Nadine S. Sommerville, Respondent, v. William Sommerville et al., Appellants. Workmen's Compensation Board, Respondent

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

February 20, 1975

The board found that the employer waived the two-year filing limitation applicable to the claimant (Workmen's Compensation Law, § 28) by making a prepayment of benefits in the form of funeral expenses. The record establishes that the deceased was the president of the corporate employer which has the same family name as decedent. A funeral bill admitted in evidence recites that funeral expenses of $3,629.45 were paid by the...

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