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WEBER v. STATE OF NY

111 Misc.2d 809 (1981)

Frederick M. Weber, Jr., as Administrator of The Estate of Frederick M. Weber, Deceased, Claimant, v. State of New York et al., Defendants. (Claim No. 62473.)

Court of Claims.

December 8, 1981

Attorney(s) appearing for the Case

Baron & Vesel, P. C. (Andrew S. Cohen of counsel), for claimant. Robert Abrams, Attorney-General (Maida M. Asofsky of counsel), for defendants.

GERARD M. WEISBERG, J.

The Court of Appeals recently held that the award and acceptance of workers' compensation death benefits bars a claimant from maintaining a wrongful death action against the deceased's former employer. (Werner v State of New York, 53 N.Y.2d 346.) In the instant case, we are called upon to examine the reverse of that issue. Namely, whether a denial of such benefits bars the former employer...

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