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MTR. BURNS v. MILLER CONSTR.

79 A.D.2d 153 (1981)

In the Matter of the Claim of Frank Burns et al., Respondents, and Richard B. Brabaw, Appellant, v. Robert Miller Construction, Inc., et al., Respondents. Workers' Compensation Board, Respondent

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

February 26, 1981

Attorney(s) appearing for the Case

Oot & Fallon (John S. Hogg of counsel), for appellant.

Lee H. Turner (Richard V. Pregent of counsel), for Frank Burns and another, respondents.

Robert Abrams, Attorney-General (Morris N. Lissauer, Henriette Frieder and Shirley Adelson Siegel of counsel), for Workers' Compensation Board, respondent.

MAHONEY, P. J., SWEENEY, KANE and MIKOLL, JJ., concur.

CASEY, J.

The sole question presented on this appeal is whether the denial of workers' compensation death benefits to an illegitimate child, who was born after the decedent's death and who was not acknowledged by the decedent, violates the equal protection clause of the United States Constitution. We hold that it does not.

The purpose of the Workers' Compensation Law is "to secure to workers and their...

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