MATTER OF HANNA v. LABOR


62 A.D.3d 1200 (2009)

879 N.Y.S.2d 622

In the Matter of the Claim of LISA HANNA, Appellant, v. ABLE BODY LABOR et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 21, 2009.


Mercure, J.

After he had not been seen at work for approximately 30 minutes, coworkers of claimant's husband (hereinafter decedent) found him unresponsive and not breathing. He later died and an autopsy was performed. Both the autopsy report and the death certificate list the cause of death as cardiac arrhythmia due to atherosclerotic coronary artery disease. Claimant thereafter sought workers' compensation death benefits and, following a hearing at which the employer...

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