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GIAQUINTO v. MAJ. SANITATION

89 A.D.2d 66 (1982)

In the Matter of the Claim of Barbara Giaquinto et al., Respondents, v. Major Sanitation, Inc., et al., Appellants. Workers' Compensation Board, Respondent

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

October 14, 1982

Attorney(s) appearing for the Case

Raymond C. Green (Joseph F. Manes of counsel), for appellants.

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

KANE, J. P., YESAWICH, JR., WEISS and LEVINE, JJ., concur.

CASEY, J.

On this appeal, the employer and its carrier contend that the refusal of the board to subject the respondent widow's "mother's benefits", received by her under the Social Security Act (US Code, tit 42, § 402, subd [g], par [1]), to the offset provisions of subdivision 2-a of section 16 of the Workers' Compensation Law is erroneous, as a matter of law. It is undisputed that the decedent husband, a 41-year-old corporation president, was killed...

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