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MATTER OF HOLMES v. KELLY FARM & GARDEN, INC.

1 A.D.3d 743 (2003)

766 N.Y.S.2d 651

In the Matter of the Claim of JOYCE M. HOLMES, Appellant, v. KELLY FARM & GARDEN, INC., Doing Business as COBLESKILL AGWAY, et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

November 13, 2003.

Mugglin, J.

Decedent, a delivery truck driver, suffered a fatal heart attack while making deliveries for the employer. There is no evidence of decedent's precise activity at the time that he was stricken or if anyone witnessed the event. Claimant, decedent's widow, filed a claim for workers' compensation death benefits and the State Insurance Fund, the employer's workers' compensation carrier, controverted the claim. Following a hearing, a Workers' Compensation Law...

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