MATTER OF ANN CRUMP v. SAINT PATRICK'S CHURCH


38 A.D.3d 1040 (2007)

831 N.Y.S.2d 576

In the Matter of the Claim of BETH ANN CRUMP, Appellant, v. SAINT PATRICK'S CHURCH, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 8, 2007.


Lahtinen, J.

Decedent, claimant's husband, collapsed at work and died shortly thereafter of coronary artery disease. Because decedent was at work and the incident was unwitnessed, his death was presumed to have been causally related to his employment (see Workers' Compensation Law § 21 [1]). The self-insured employer initially failed to rebut that presumption (see Matter of Babson v Finch Pruyn & Co. Inc., 25 A.D.3d 936

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