IN THE MATTER OF RICCI v. W.J. RIEGEL & SONS, INC.


27 A.D.3d 912 (2006)

811 N.Y.S.2d 208

In the Matter of the Claim of JANET E. RICCI, Respondent, v. W.J. RIEGEL & SONS, INC., et al., Respondents, and C.N.A. INSURANCE COMPANY, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

March 16, 2006.


Crew III, J.P.

Claimant's decedent suffered a fatal heart attack at his place of employment on December 17, 1992. The employer's workers' compensation carrier controverted the underlying claim, apparently contending that decedent's demise was precipitated by his preexisting coronary artery disease and emphysema. The claim was closed in October 1993 pending receipt of prima facie medical evidence of a causally related death. Thereafter, in September 1995, claimant...

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