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IN THE MATTER OF WALLAS v. MASTIC BEACH EXCAVATION, INC.

18 A.D.3d 1107 (2005)

795 N.Y.S.2d 798

In the Matter of the Claim of GEORGE WALLAS, Deceased, Appellant, v. MASTIC BEACH EXCAVATION, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

May 26, 2005.

CARPINELLO, J.

On October 3, 2003, claimant apparently suffered a cardiac arrest and died while working for Mastic Beach Excavation, Inc. Claimant was found by a coworker slumped over a piece of excavation equipment where he had been working alone. A claim for workers' compensation death benefits was apparently filed on claimant's behalf and controverted by the employer's workers' compensation carrier. Although a Workers' Compensation Law Judge determined that no...

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