STATTEL v. EBERT, INC.


59 A.D.2d 60 (1977)

In the Matter of the Claim of Edward Stattel, Jr., Appellant, v. E. M. Ebert, Inc., et al., Respondents. Workmen's Compensation Board, Respondent

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

August 4, 1977


Attorney(s) appearing for the Case

Lerner & Lippe (Daniel S. Lerner of counsel), for appellant.

Peter M. Pryor (Joseph F. Manes of counsel), for State Insurance Fund, respondent.

Louis J. Lefkowitz, Attorney-General, for Workmen's Compensation Board, respondent.

SWEENEY, KANE, LARKIN and HERLIHY, JJ., concur.


KOREMAN, P. J.

This is an appeal from a decision of the Workmen's Compensation Board, filed July 24, 1975, which reversed a referee's decision awarding death benefits to the estate of the widow of the deceased employee.

In reversing the referee, the board determined "that no rights to death benefits are vested prior to making of an award; that payment of death benefits to the deceased legal widow's estate...

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