Appellate Division of the Supreme Court of the State of New York June 14, 2012 (Claim of Kirisits v. Durez Plastics/Occidental)

McCarthy, J.

Appeal from a decision of the Workers’ Compensation Board, filed April 14, 2011, which ruled that Workers’ Compensation Law § 25-a is inapplicable to claimant’s award of workers’ compensation death benefits.

In 1994, Kenneth Kirisits (hereinafter decedent) applied for workers’ compensation disability benefits following his retirement.