MATTER OF ROBERTS v. WALDBAUM'S

513795.

98 A.D.3d 1211 (2012)

951 N.Y.S.2d 590

2012 NY Slip Op 6347

In the Matter of the Claim of COLLEEN ROBERTS, Respondent, v. WALDBAUM'S et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

September 27, 2012.


Garry, J.

Claimant's husband (hereinafter decedent) was employed as a receiver at a grocery store. He was assigned, however, to be the acting store manager during the afternoon and evening shift of February 7, 2010, which was the day of the Super Bowl, an historically busy day at the store. At approximately 7:00 p.m., decedent collapsed to the floor of the store and soon after died. Claimant thereafter applied for workers' compensation death benefits. Following hearings...

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