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MATTER OF BERRY v. H. SCHWARTZ MOVING CO.

70 A.D.2d 737 (1979)

In the Matter of the Claim of Mary Berry, Respondent, v. H. Schwartz Moving Co. et al., Appellants. Workers' Compensation Board, Respondent

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

May 24, 1979

The claimant's son sustained accidental injuries on November 3, 1969 which caused his death on January 3, 1976. The carrier contends that the board erred in finding that the claimant was entitled to benefits as a dependent of her son pursuant to subdivisions 4 and 5 of section 16 of the Workers' Compensation Law. The board found: "Decedent's mother testified that at the time of her son's death he was living with her getting $70.00 a week from which he gave her $35 towards...

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