Claim of Giaquinto v. Major Sanitation, Inc.
This case addresses whether a widow's "mother's insurance benefits" under the Social Security Act are subject to offset provisions of the Workers' Compensation Law. The employer and its carrier argued that the $331.30 per month received by the widow, statutorily designated as "mother's insurance benefits," should be considered a "survivors insurance benefit" and thus subject to a weekly offset of $38.23. The Workers' Compensation Board interpreted the statute to limit the offset to "widow's insurance benefits" and not "mother's insurance benefits," arguing that the latter primarily benefits the children. The court affirmed the board's decision, distinguishing mother's benefits from survivor's benefits due to their purpose of supporting children and their cessation when children reach maturity or leave care.