MATTER OF MARSHALL v. SAVANNAH SAUSAGE CORP.


192 A.D.2d 954 (1993)

596 N.Y.S.2d 936

In the Matter of the Claim of Joanne Marshall, Appellant, v. Savannah Sausage Corporation et al., Respondents. Workers' Compensation Board, Respondent. (And Another Related Claim.)

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

April 29, 1993


Mikoll, J. P.

The twofold issue before us is whether the Workers' Compensation Board properly disallowed claimant's death claim as untimely made and whether claimant's attorney was properly denied counsel fees relating to an accident of September 5, 1977 on the ground that compensation benefits did not exceed a third-party net recovery.

James Marshall, a marketing consultant of Savannah Sausage Corporation, sustained serious injuries in a motor...

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