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ORTEGA v. RET. SYS

170 A.D.2d 38 (1991)

In the Matter of the Claim of Nereida Ortega, Respondent, v. New York State and Local Police and Fire Retirement System et al., Appellants. Workers' Compensation Board, Respondent

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

August 1, 1991

Attorney(s) appearing for the Case

Carl E. Stephen for New York State and Local Police and Fire Retirement System, appellant.

Robert Abrams, Attorney-General (Iris A. Steel of counsel), for Workers' Compensation Board, respondent.

MAHONEY, P. J., and WEISS, J., concur with CASEY, J.; MIKOLL and HARVEY, JJ., dissent in an opinion by MIKOLL, J.

CASEY, J.

On November 19, 1985, claimant's husband was accidentally killed in the performance of his duty as a State Police Officer when the police car in which he was a passenger crashed into a parked tractor trailer. Claimant subsequently filed a workers' compensation claim for death benefits. Between the date of death and the date of the workers' compensation award, the Comptroller paid claimant the full accidental...

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