MATTER OF MARCUS v. CITY OF TROY


39 A.D.3d 912 (2007)

833 N.Y.S.2d 296

In the Matter of the Claim of MARTHA MARCUS, Appellant, v. CITY OF TROY et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 5, 2007.


Mugglin, J.

Claimant's husband (hereinafter decedent) was employed by the City of Troy, Department of Public Utilities, as a truck driver/sewer maintenance worker. According to a coworker, he and decedent had just finished an afternoon coffee break and were returning to work in the employer's truck, which decedent was driving, when decedent suddenly, without any prior indication that anything was wrong, suffered convulsions and shaking and died. The Workers' Compensation...

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