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MTR. BURNS v. MILLER CONSTR.

55 N.Y.2d 501 (1982)

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

Court of Appeals of the State of New York.

Decided April 7, 1982.

Attorney(s) appearing for the Case

John S. Hogg for appellant.

Lee H. Turner and David L. Welch for Frank Burns and another, respondents.

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

Judges GABRIELLI, WACHTLER and MEYER concur with Chief Judge COOKE; Judge FUCHSBERG dissents and votes to affirm in a separate opinion in which Judges JASEN and JONES concur.

Chief Judge COOKE.

When a claim is filed for death benefits under the Workers' Compensation Law by or on behalf of a child born out of wedlock to a deceased worker, there is strong reason to require proof of paternity and dependency. It is unconstitutional, however, to require the additional proof of acknowledgment as a prerequisite to approving the child's claim.

Twenty-year-old Ricky Burns died on November...

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