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MATTER OF MACDONALD v. PENSKE LOGISTICS

34 A.D.3d 967 (2006)

823 N.Y.S.2d 613

In the Matter of the Claim of DEBRA MACDONALD, Appellant, v. PENSKE LOGISTICS et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 9, 2006.

Carpinello, J.

In May 2000, claimant's husband, a truck driver for Penske Logistics, was found dead in the cab of his truck a few hours after he had completed a delivery. Following a postmortem examination, the medical examiner concluded that the cause of death was severe coronary heart disease. Following hearings to determine whether the claim was compensable under Workers' Compensation Law § 21 (1), the Workers' Compensation Law Judge found that decedent's...

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