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MATTER OF ZECHMANN v. CANISTEO VOLUNTEER FIRE DEP'T

206 A.D.2d 581 (1994)

615 N.Y.S.2d 1017

In the Matter of the Claim of Bonnie B. Zechmann, as Executrix of Anna Angel, Deceased, Respondent, v. Canisteo Volunteer Fire Department et al., Respondents, and Special Fund for Reopened Cases, Appellant. Workers' Compensation Board, Respondent

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

July 7, 1994

Upon the death of her husband, claimant's decedent applied to the Board for death benefits. We agree with the Board's conclusion that this claim is not barred by Workers' Compensation Law § 123 and, therefore, the Special Fund for Reopened Cases is liable for the payment of said death benefits under Workers' Compensation Law § 25-a.

Ordered that the decision and amended decision are affirmed,...

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