MATTER OF SHUMWAY v. ALBANY PORT TAVERN, INC.


154 A.D.2d 751 (1989)

In the Matter of the Claim of Randi Shumway et al., Appellants, and Nancy A. Shumway, Respondent, v. Albany Port Tavern, Inc., et al., Respondents. Workers' Compensation Board, Respondent

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

October 12, 1989


Mahoney, P. J.

Carl Shumway was killed on December 31, 1985 while working as a bartender. Accident, notice and causal relationship for workers' compensation death benefits have been established. We are concerned only with whether decedent's legal spouse abandoned him, thereby foreclosing, pursuant to Workers' Compensation Law § 16 (1-a), her right to share in the benefits. Decedent and claimant Nancy A. Shumway were

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