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MATTER OF YU PING JIN v. CHEN DUN KAI

510955.

89 A.D.3d 1249 (2011)

932 N.Y.S.2d 579

2011 NY Slip Op 7888

In the Matter of the Claim of YU PING JIN, Respondent, v. CHEN DUN KAI, Doing Business as FRESCO TACOS, et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 10, 2011.

KAVANAGH, J.

Decedent was delivering food on a motorcycle for the employer when he sustained fatal injuries in a motor vehicle accident. Two days after the accident, the employer filed a C-2 form reporting his death and stated that decedent's gross weekly wage was $350. Claimant, decedent's widow, subsequently filed an application for death benefits, alleging that decedent's monthly pay was $2,500. Thereafter, the employer filed a C-11 form which reported that decedent...

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