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MATTER OF ROSA v. BRITT FAST FREIGHT, INC.

266 A.D.2d 603 (1999)

698 N.Y.S.2d 65

In the Matter of the Claim of ANTONIA V. ROSA, Respondent, v. BRITT FAST FREIGHT, INC., et al., Appellants, and SPECIAL FUNDS CONSERVATION COMMITTEE, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 4, 1999.

Mugglin, J.

Claimant's husband, a truck driver, sustained a fatal heart attack while making a delivery in the course of his employment. The employer and its workers' compensation carrier contested claimant's claim for death benefits and filed a claim for reimbursement from the Special Disability Fund pursuant to Workers' Compensation Law § 15 (8). The Workers' Compensation Board discharged the Fund, concluding that there is a lack of evidence of a preexisting...

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