Opinion
January 18, 1950.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Appeal by employer and its insurance carrier from a post-mortem award payable to the estate of the deceased employee. Decedent was injured on November 20, 1942. He died of unrelated causes on May 27, 1948, leaving no statutory next of kin or dependents. Appellants contend that the amendment of section 33 Work. Comp. of the Workmen's Compensation Law, by chapter 904 of the Laws of 1945, authorizing an award payable to decedent's estate, does not apply because it was not effective at the date of the accident. The award was made on December 29, 1948. The benefits accrued during the lifetime of the employee, and the award to his estate was legally authorized at the time the award was made. ( Matter of Basarbovich v. National House Cleaning Contractors, 275 App. Div. 1012.) Award unanimously affirmed, with costs to the Workmen's Compensation Board.