Is a plaintiff's workmen's benefits claim set off against a wrongful death claim?

It would serve little purpose, however, to remand this case to Special Term to decide a question of law which must ultimately be decided by this court. Since the issue has been fully briefed in this court by both parties and in the interest of avoiding future appellate litigation (Matter of Grace v. Grace Inst., 19 N.Y.2d 307, 315, 279 N.Y.S.2d 721, 726, 226 N.E.2d 531, 534), we reach the issue presented and hold that workmen's benefits paid to the decedent during his lifetime should be set off against an award payable to the next of kin for wrongful death.