MATTER OF DERASMO v. COTO INDUS.


59 A.D.2d 801 (1977)

In the Matter of the Claim of Henrietta Derasmo, on Behalf of Angela Derasmo, Respondent, v. Coto Industries et al., Appellants. Workmen's Compensation Board, Respondent

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

October 20, 1977


At the time of the decedent's work-related death, his infant grandchild was living with him, was dependent upon him and was entitled to and did receive death benefits (Workmen's Compensation Law, § 16, subd 4). Support for the infant continued for more than three years until 1975, when payments were discontinued on the ground that the grandchild was "not dependent anymore" because the infant's mother had become gainfully employed as a teacher. The board, upon review...

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