MATTER OF HARRIS v. JOURNAL


289 A.D.2d 640 (2001)

733 N.Y.S.2d 548

In the Matter of the Claim of ERNESTINE HARRIS, Appellant, v. POUGHKEEPSIE JOURNAL et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 6, 2001.


Cardona, P. J.

A few hours after the beginning of his shift as a bulk newspaper delivery driver, claimant's decedent was found dead in the drivers' room at the employer's premises. An autopsy determined, inter alia, that decedent had choked to death on a piece of ham. His loaded delivery vehicle was parked near the drivers' room with a partially eaten sandwich inside. The Workers' Compensation Board ruled that, although decedent's unwitnessed accidental death...

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