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MATTER OF WARD v. RED STAR EXPRESS LINES

286 A.D. 471 (1955)

In the Matter of the Claim of Kathleen Ward, on Behalf of Susan Ward and Another, Infants, Respondent, v. Red Star Express Lines of Auburn, Inc., et al., Appellants, and Eugene Rogers Trucking Co. et al., Respondents. Workmen's Compensation Board, Respondent

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

October 6, 1955.

Attorney(s) appearing for the Case

Albert P. Thill for appellants.

Jacob K. Javits, Attorney-General (Harry Pastor and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

Michael A. Gurda for claimant-respondent.

Chernin & Gold for Eugene Rogers Trucking Co. and others, respondents.

Levene & Gouldin for American Lumbermen's Mutual Insurance Company, respondent.

Victor Fiddler, Bernard Katzen and George J. Hayes for State Insurance Fund, respondent.

FOSTER, P. J., COON, HALPERN and ZELLER, JJ., concur.

BERGAN, J.

In this case the Workmen's Compensation Board has relieved from liability the State Insurance Fund which had insured the deceased's direct employer. It has imposed liability for death benefits on a general contractor and its insurance carrier, Liberty Mutual Insurance Company, with which the employer had a subcontract for trucking. The theory of decision is that the direct employer was not insured at...

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