MATTER OF BURNS v. ROBERT MILLER CONSTR., INC.


62 A.D.2d 1114 (1978)

In the Matter of the Claim of Frank Burns et al., as Parents and Natural Guardians of Ricky Burns, Deceased, Respondents, and Richard B. Brabaw, Appellant, v. Robert Miller Construction, Inc., et al., Respondents. Workmen's Compensation Board, Respondent

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

April 27, 1978


On November 2, 1971, the decedent, 20 years of age, died as a result of an accident which arose out of and in the course of his employment. Subsequently, on October 26, 1972, one Sandra Brabaw filed a claim on behalf of her son, the appellant herein, in which it was alleged that the appellant was a posthumously born illegitimate child of the decedent and, consequently, entitled to death benefits. In the decision appealed from, the board rejected this claim, after finding...

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