MATTER OF CAGLE v. JUDGE MOTOR CORPORATION


60 A.D.3d 1118 (2009)

874 N.Y.S.2d 328

In the Matter of the Claim of KIM M. CAGLE, as Administrator of the Estate of JOHN R. CAGLE, Deceased, Appellant, v. JUDGE MOTOR CORPORATION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 5, 2009.


LAHTINEN, J.

Decedent filed a claim for workers' compensation benefits after injuring his back in 1988 (hereinafter the first claim) and, before that case was resolved, he died from ventricular fibrillation in October 1990. Thereafter, a consequential death claim was added to the first claim, but a Workers' Compensation Law Judge found no medical evidence of causally related death and closed that case in June 1991. In September 1993, decedent's estate filed another...

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