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MATTER OF BERNAL v. NEW YORK APPLE CAR SERV.

532689.

209 A.D.3d 1181 (2022)

176 N.Y.S.3d 874

2022 NY Slip Op 06033

In the Matter of the Claim of Monica Patricia Hidalgo Bernal, Claimant, v. New York Apple Car Service et al., Appellants, and New York Black Car Operators Injury Compensation Fund, Respondent. Workers' Compensation Board, Respondent.

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

Decided October 27, 2022.

Attorney(s) appearing for the Case

Jones Jones LLC, New York City ( David Secemski of counsel), for appellants.

Weiss, Wexler & Wornow, PC, New York City ( Heather Galfunt of counsel), for New York Black Car Operators Injury Compensation Fund, respondent.

Letitia James , Attorney General, New York City ( Alison Kent-Friedman of counsel), for Workers' Compensation Board, respondent.

Aarons, Reynolds Fitzgerald, Fisher and McShan, JJ., concur.

Appeal from a decision of the Workers' Compensation Board, filed July 10, 2020, which ruled that the Independent Livery Driver Benefit Fund was liable for claimant's workers' compensation death claim.

On November 23, 2018, claimant's spouse (hereinafter decedent) was working as a cab driver when he was dispatched to an address...

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