MATTER OF GENTILE v. SOVEREIGN MOTOR CARS

507554.

77 A.D.3d 1027 (2010)

909 N.Y.S.2d 165

In the Matter of the Claim of MARIE L. GENTILE, as Widow of JAY ALAN GENTILE, Deceased, Appellant, v. SOVEREIGN MOTOR CARS et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided October 14, 2010.


Malone Jr., J.

In 1994, Jay Gentile (hereinafter decedent) suffered a work-related injury to his neck and was awarded workers' compensation benefits. Decedent died in 2002 with the cause of death determined to be atherosclerotic heart disease. Claimant, decedent's wife, subsequently applied for death benefits. Following hearings, a Workers' Compensation Law Judge found that decedent's death was not causally related to his 1994 neck injury and disallowed the claim...

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