MATTER OF SHEPLER v. CITY OF TONAWANDA

507347.

67 A.D.3d 1313 (2009)

889 N.Y.S.2d 304

2009 NY Slip Op 08758

In the Matter of the Claim of CHRISTINE A. SHEPLER, Respondent, v. CITY OF TONAWANDA et al., Appellants, and SPECIAL DISABILITY FUND, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 25, 2009.


Peters, J.

Claimant's husband (hereinafter decedent) worked as a laborer and driver for the employer. As the result of undiagnosed arteriosclerotic cardiovascular disease, decedent went into cardiac arrest while collecting garbage and died. Claimant's ensuing workers' compensation claim was established by the Workers' Compensation Board. The self-insured employer and its third-party administrator (hereinafter collectively referred to as the employer) then sought to...

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