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HRONCICH v. CON EDISON

No. 145.

21 N.Y.3d 636 (2013)

998 N.E.2d 377

975 N.Y.S.2d 714

2013 NY Slip Op 6632

In the Matter of the Claim of GAUDENZIA HRONCICH, Respondent, v. CON EDISON et al., Appellants, and SPECIAL DISABILITY FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

Court of Appeals of New York.

Decided October 15, 2013.

Attorney(s) appearing for the Case

Cherry, Edson & Kelly, LLP, Carle Place ( David W. Faber of counsel), and Steven M. Scotti , New York City, for appellants.

Steven M. Licht , Special Funds Conservation Committee, Albany ( Jill B. Singer of counsel), for Special Disability Fund, respondent.

Eric T Schneiderman , Attorney General, Albany ( Laura Etlinger , Barbara D. Underwood and Andrea Oser of counsel), for Workers' Compensation Board, respondent.

Michael A. Cardozo , Corporation Counsel, Brooklyn ( John Sweeney of counsel), for City of New York, amicus curiae.

OPINION OF THE COURT

READ, J.

Section 16 of the Workers' Compensation Law authorizes death benefits when a work-related injury or disease "causes death," which the Appellate Division has interpreted to mean "contributes to death" (see Matter of Imbriani v Berkar Knitting Mills, 277 A.D.2d 727, 730 [3d Dept 2000]). At issue on this appeal is whether the Workers' Compensation Law requires

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