MATTER OF TOMPKINS v. SUNRISE HEATING FUELS, INC.


271 A.D.2d 888 (2000)

707 N.Y.S.2d 272

In the Matter of the Claim of DIANNE TOMPKINS, Respondent, v. SUNRISE HEATING FUELS, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 27, 2000.


Crew III, J.

On November 29, 1995, claimant's decedent, who delivered fuel oil for the employer, notified the employer that he felt ill and was leaving work to seek medical attention. Following his collapse in his doctor's office, decedent was taken to a local hospital, where he died five days later. The death certificate listed the cause of death as heart failure due to an acute myocardial infarction.

Claimant, decedent's spouse, thereafter filed a claim...

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