Claim of Green v. Kamalian
A decedent, hired by an employer to cut firewood, was killed by a falling tree. His widow, as administratrix of his estate, filed a wrongful death action against the employer, which resulted in a $65,000 settlement. Subsequently, the claimant sought death benefits, but the Workers’ Compensation Board denied the claim, citing a precedent that bars benefits after a successful negligence action settlement against the employer. The claimant appealed, arguing that prior cases negated this precedent by vesting primary jurisdiction in the Board, thereby rendering the Supreme Court settlement a nullity. The Appellate Division affirmed the Board’s decision, holding that the rule of primary jurisdiction does not divest the Supreme Court of all jurisdiction in such matters and that the precedent remained binding. The court also rejected the claimant’s argument regarding a lack of identity of parties.