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MATTER OF SCHWARTZ v. HEBREW ACADEMY OF THE FIVE TOWNS

39 A.D.3d 1134 (2007)

834 N.Y.S.2d 400

In the Matter of the Claim of ARLENE SCHWARTZ, Appellant-Respondent, v. HEBREW ACADEMY OF THE FIVE TOWNS et al., Respondents-Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 26, 2007.

Mercure, J.

Claimant's husband (hereinafter decedent), the executive director of Hebrew Academy of the Five Towns (hereinafter the employer), was found dead in a men's bathroom in the employer's building. The death certificate listed hypertensive and arteriosclerotic heart disease as the immediate cause of death, with diabetes mellitus as a contributing condition. Claimant filed a claim for workers' compensation death benefits and, following

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