Claim of Lubart v. Brandt

Appellate Division of the Supreme Court of New York

Claim of Lubart v. Brandt

62 A.D.2d 1116, 404 N.Y.S.2d 709, 1978 N.Y. App. Div. LEXIS 11219

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 27, 1978

StatusPublished

This text of 62 A.D.2d 1116 (Claim of Lubart v. Brandt) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Lubart v. Brandt, 62 A.D.2d 1116, 404 N.Y.S.2d 709, 1978 N.Y. App. Div. LEXIS 11219 (N.Y. Ct. App. 1978).

Pincite

Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed August 12, 1976, as amended March 18, 1977, which modified a referee’s decision and awarded a payment to the Special Funds for "Non-Dependency Death” cases pursuant to the provisions of section 25-a, subdivision 9 of section 15 and section 14-a of the Workmen’s Compensation Law. The board found: "decedent[s] accident arose out of and in the course of * * * employment * * * inasmuch as the Special Funds * * * were not parties to the negotiation and settlement of the liability actions based on the deathfs], the Special Funds can claim "no dependency” benefits * * * 'double-indemnity no-dependency awards’ under Section 14-a are payable.” There is substantial evidence to sustain the determination of the board. Decision affirmed, with costs to the Workmen’s Compensation Board. Mahoney, P. J., Kane, Main, Larkin and Mikoll, JJ., concur.

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Appeal from a decision of the Workmen’s Compensation Board, filed August 12, 1976, as amended March 18, 1977, which modified a referee’s decision and awarded a payment to the Special Funds for "Non-Dependency Death” cases pursuant to the provisions of section 25-a, subdivision 9 of section 15 and section 14-a of the Workmen’s Compensation Law. The board found: "decedent[s] accident arose out of and in the course of * * * employment * * * inasmuch as the Special Funds * * * were not parties to the negotiation and settlement of the liability actions based on the deathfs], the Special Funds can claim "no dependency” benefits * * * 'double-indemnity no-dependency awards’ under Section 14-a are payable.” There is substantial evidence to sustain the determination of the board. Decision affirmed, with costs to the Workmen’s Compensation Board. Mahoney, P. J., Kane, Main, Larkin and Mikoll, JJ., concur.

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Bluebook (online)

62 A.D.2d 1116, 404 N.Y.S.2d 709, 1978 N.Y. App. Div. LEXIS 11219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-lubart-v-brandt-nyappdiv-1978.