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MATTER OF FREDERICK v. LINDENHURST UNION FREE SCHOOL DIST.

506851.

66 A.D.3d 1104 (2009)

886 N.Y.S.2d 518

2009 NY Slip Op 7185

In the Matter of the Claim of LEONA FREDERICK, Appellant, v. LINDENHURST UNION FREE SCHOOL DISTRICT et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 8, 2009.

SPAIN, J.P.

Claimant's husband (hereinafter decedent), a school custodian, went to the school's boiler room on a break from work. Decedent was later discovered there slumped on a staircase, not breathing and unresponsive. He subsequently died and claimant applied for workers' compensation benefits. Following a hearing, a Workers' Compensation Law Judge awarded benefits. Upon review, the Workers' Compensation Board reversed...

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