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MATTER OF JOHNSON v. COUNTY OF CLINTON

46 A.D.3d 1175 (2007)

847 N.Y.S.2d 775

In the Matter of the Claim of KATHLEEN H. JOHNSON, Appellant, v. COUNTY OF CLINTON, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 20, 2007.

Crew III, J.P.

Claimant filed for workers' compensation death benefits after her husband died at work. A Workers' Compensation Law Judge denied the claim, finding that the presumption of compensability had been rebutted and decedent's death was not causally related to his employment. The Workers' Compensation Board affirmed the denial of benefits, prompting this appeal.

Initially, we note that the presumption of compensability is inapplicable here, as decedent...

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