MATTER OF THURBER v. RED STAR EXPRESS LINES


85 A.D.2d 813 (1981)

In the Matter of the Claim of Harold Thurber, Respondent, v. Red Star Express Lines et al., Appellants. Workers' Compensation Board, Respondent

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

December 17, 1981


Claimant, a 53-year-old truck driver, died on August 26, 1975 while driving a tractor trailer. A witness observed the truck weave and go off the road, striking a power pole. The death certificate stated that the cause of death was "cardiac arrest electrocution and/or myocardial ischemia". A referee determined that decedent's death was not causally related. The board reversed, stating: "Upon review of the record the Majority of the Board Panel finds, based on the testimony...

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