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IN THE MATTER OF BARTH v. HANSON AGGREGATES, INC.

57 A.D.3d 1042 (2008)

868 N.Y.S.2d 404

In the Matter of the Claim of ELAINE BARTH, Appellant, v. HANSON AGGREGATES, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

December 4, 2008.

Kavanagh, J.

In April 2005, while employed as a crusher operator, decedent suffered a myocardial infarction that caused his death. Claimant, decedent's widow, filed an application for workers' compensation death benefits, which was challenged by decedent's employer and its workers' compensation carrier (hereinafter collectively referred to as the employer) on the ground that no causal relationship existed between decedent's death and his employment. After a hearing...

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