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MATTER OF HERMAN v. LEE

280 A.D. 562 (1952)

In the Matter of the Claim of Elizabeth Herman, Respondent, v. Robert E. Lee et al., Appellants, and Fund for Reopened Cases, Respondent Workmen's Compensation Board, Respondent

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

September 26, 1952.

Attorney(s) appearing for the Case

Charles P. Barre for appellants.

Nathaniel L. Goldstein, Attorney-General (John J. Quinn and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

John M. Cullen for Special Fund for Reopened Cases, respondent.

Elizabeth Herman, claimant-respondent in person.

FOSTER, P. J., BREWSTER and COON, JJ., concur; HEFFERNAN, J., taking no part.

[280 A.D. 563]
BERGAN, J.

Decedent was a carpenter's helper earning $19.20 per week and was killed in 1940 in the course of his employment. He was then nineteen years old, living at home, and gave his mother $12 or $13 a week. A dependency award was made to his mother in 1941 of $3.08 a week. No appeal was taken.

In 1950 the carrier applied to review the continuance of the mother's dependency and showed that while she...

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