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MATTER OF ALLEN v. COLGAN

190 A.D.2d 939 (1993)

In the Matter of the Claim of The Estate of James P. Allen, Respondent, v. Dennis Colgan, Doing Business as C & C Welding Company, et al., Appellants. Workers' Compensation Board, Respondent

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

February 11, 1993

Harvey, J.

On May 27, 1988, James P. Allen (hereinafter decedent) suffered a fall at his place of employment that left him a quadraplegic and in a coma until his death on January 6, 1991. Decedent's son, Timothy, filed for workers' compensation death benefits but his claim was denied because he was over 18 years of age and was not attending school on a full-time basis (see, Workers' Compensation Law § 16 [2-a], [3-a]). Letters of administration...

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