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MATTER OF GUARINO v. TOWN OF ISLIP HIGHWAY DEP'T

133 A.D.2d 881 (1987)

In the Matter of the Claim of Matilda Guarino, Respondent, v. Town of Islip Highway Department et al., Appellants. Workers' Compensation Board, Respondent

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

October 8, 1987

Kane, J. P.

The only issue to be resolved upon this appeal is whether the Workers' Compensation Board was authorized to reopen this case and award death benefits after a lapse of more than seven years from the date of death of claimant's decedent (see, Workers' Compensation Law § 123).

Claimant's decedent suffered a compensable heart attack on March 2, 1963, and died on August 31, 1969. His attending physician, Dr. John A. Matheson...

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