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MATTER OF LUSTYIK v. VILLAGE OF TARRYTOWN

41 A.D.3d 1066 (2007)

839 N.Y.S.2d 281

In the Matter of the Claim of ARLENE LUSTYIK, Appellant, v. VILLAGE OF TARRYTOWN et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 21, 2007.

Carpinello, J.

In 1987, decedent, a volunteer firefighter, suffered a work-related myocardial infarction and was subsequently classified as permanently totally disabled. In April 2002, he died as a result of a cardiac arrest which was determined to be causally related to this injury. Thereafter, claimant, decedent's widow, filed a claim for death benefits and a Workers' Compensation Law Judge (hereinafter WCLJ) awarded her, as relevant here, a lump-sum death benefit...

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