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MATTER OF PLEW-JOURDANAIS v. ADIRONDACK HEATING & FROST INSULATORS, INC.

509610.

80 A.D.3d 1111 (2011)

915 N.Y.S.2d 762

In the Matter of the Claim of JOANN PLEW-JOURDANAIS, Appellant, v. ADIRONDACK HEATING & FROST INSULATORS, INC., et al., Respondents, and JAMES J. JOURDANAIS JR., Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 27, 2011.

McCARTHY, J.

James Jourdanais Sr. (hereinafter decedent) died while at work in 2007. Claimant, decedent's wife, thereafter applied for workers' compensation death benefits. Decedent's sister and her husband are the legal guardians of decedent's disabled son, respondent James Jourdanais Jr. (born in 1983), and they were awarded custody of him when he was six years old. A claim was filed on James' behalf seeking a portion of decedent's death benefits. A workers' compensation...

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