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MATTER OF DUNN v. LANDMARK FLOORING CONCEPTS, INC.

298 A.D.2d 809 (2002)

749 N.Y.S.2d 321

In the Matter of the Claim of GEORGETTA DUNN, Respondent, v. LANDMARK FLOORING CONCEPTS, INC., Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 31, 2002.

Mugglin, J.

Decedent, a floor covering mechanic, died of a heart attack on August 28, 1997 while working on a renovation project at Dover Elementary School in Dutchess County. The death benefit claim by claimant, decedent's widow, was controverted by Landmark Flooring Concepts, Inc. on the issues of the employer-employee relationship between it and decedent, and the causal relationship between decedent's work and his death. At the ensuing hearing, claimant, her doctor...

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