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MATTER OF FLEISCHER v. McKENICA CORPORATION

307 A.D.2d 597 (2003)

762 N.Y.S.2d 698

In the Matter of the Claim of IRENE FLEISCHER, Respondent, v. McKENICA CORPORATION et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided July 24, 2003.

Carpinello, J.

On August 26, 1997, Paul Fleischer (hereinafter decedent), an employee of McKenica Corporation (hereinafter the employer), died while on a business trip to China. In August 1999, decedent's widow filed a claim for workers' compensation death benefits on behalf of herself and their two minor children. The Workers' Compensation Board sent form EC-84.1 to the purported workers' compensation carrier, National Union Fire Insurance Company, on September 9...

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