Summary
In Matter of Branciforte v. Kohnstamm Co. (272 App. Div. 855) a death claim, an award of benefits to a crippled child was made during the lifetime of the mother on the ground the original claim was still open and the statutory period of limitations had not begun to toll. If this be so, then all we are doing here is to say that the claim herein, made within three years of the last payment of compensation to the mother, was timely, which seems like a logical and reasonable conclusion.
Summary of this case from Matter of Rilitz v. Blumenthal BrothersOpinion
May 14, 1947.
Appeal by the employer and insurance carrier from decisions and awards which directed payments of compensation for the benefit of a dependent crippled child. Appellants contend that the claim, if compensable, should be made against the Special Fund because the application for reopening was within the periods specified in section 25-a. The board has ruled that since the original claim for death benefits, as filed by the mother, was still open the statutory periods of limitation had not begun to toll. We agree with this construction. There is evidence to sustain the finding that Mary Branciforte was a dependent crippled child at the time of the accident within the meaning of section 16 Work. Comp. of the Workmen's Compensation Law. Award affirmed, with costs to the Workmen's Compensation Board. All concur. [See post, p. 966.]