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GREEN v. DUTCHESS COUNTY

No. 78.

39 N.Y.3d 35 (2022)

198 N.E.3d 776

177 N.Y.S.3d 533

2022 NY Slip Op 06028

In the Matter of the Claim of KANYE KHALID GREEN, Respondent, v. DUTCHESS COUNTY BOCES et al., Appellants. WORKERS' COMPENSATION BOARD, Appellant.

Court of Appeals of New York.

Decided October 27, 2022.

Attorney(s) appearing for the Case

Letitia James , Attorney General, Albany ( Dustin J. Brockner , Barbara D. Underwood and Andrea Oser of counsel), for New York State Workers' Compensation Board, appellant.

Cherry, Edson & Kelly, LLP, Tarrytown ( Ralph E. Magnetti of counsel), for Dutchess County BOCES and another, appellants.

Oimette, Goldstein & Andrews, LLP, Poughkeepsie ( Louis M. Dauerer of counsel), for respondent.

James Fiedler , New York State Insurance Fund, Albany ( Rudolph Rosa Di Sant of counsel), for New York State Insurance Fund, amicus curiae.

Grey & Grey, LLP, Farmingdale ( Robert E. Grey of counsel), for Injured Workers' Bar Association, amicus curiae.

OPINION OF THE COURT

It is well settled that some categories of workers' compensation benefits may pass, in certain circumstances, to the beneficiaries of injured employees who die from causes unrelated to the work injury. We now clarify that unaccrued portions of a nonschedule award under Workers' Compensation Law § 15...

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