MATTER OF FLYNN v. MANAGED CARE, INC.

512958.

100 A.D.3d 1115 (2012)

952 N.Y.S.2d 913

In the Matter of GLORIA FLYNN, Claimant, v. MANAGED CARE, INC., et al., Appellants, and AGGREGATE TRUST FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

November 8, 2012.


Kavanagh, J.

After decedent's death was determined to be causally related to his employment, the employer's workers' compensation carrier was directed to deposit into the aggregate trust fund (hereinafter ATF) $225,231.58, which reflected the present value of the compensation awarded to the beneficiaries. The commutation date was June 28, 2001, however, the carrier withheld payment and instead paid the beneficiaries directly while pursuing appeals to the Workers'...

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