Claim of Brown v. Central Coal Co. (3 A.D.2d 867, 1957)

Appeal by the claimant, as administratrix of the estate of Sadie Davis, from a decision of the Workmen’s Compensation Board dismissing the claim of Sadie Davis for death benefits as the widow of Richard Davis, on the ground that the claim had abated upon her death. Richard Davis was injured on July 2, 1948, and died on October 9, 1948, as a result of the injury. He was survived by his widow Sadie. She was committed to the Pilgrim State Hospital as an incompetent in 1949 and a committee of her property was appointed and the committee filed a claim for death benefits. Numerous hearings were held during the years 1950 to 1954 and the hearings were still going on in 1955. The reasons for the long period of delay do not appear in the shortened record upon which this appeal has been argued. The claim was controverted by the employer and carrier upon the grounds that the deceased had not suffered an accident; that notice of death had not been given within the statutory period and that the death of the deceased was not the result of any compensable injuries. The status of Sadie Davis as the widow of the decedent was also put in issue. At a hearing held on April 1, 1955, the employer and carrier rested their case on the issue of causal relationship. Thereupon, according to the statement of facts submitted in the record in lieu of a transcript of the proceedings, the referee “ ruled that the death of the deceased claimant, Richard Davis, was due to an industrial accident”. A further hearing was held on May 10, 1955, at which additional evidence on the issue of the marital status of Richard and Sadie Davis was presented on behalf of the claimant. In a decision dated and filed June 6, 1955, the referee ruled that Sadie Davis was the legal widow