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MATTER OF HERRIS v. UNITED PARCEL SERV., INC.

531690.

196 A.D.3d 977 (2021)

151 N.Y.S.3d 549

2021 NY Slip Op 04519

In the Matter of the Claim of Rodney Gerald Herris Jr., Appellant, v. United Parcel Service, Inc., et al., Respondents. Workers' Compensation Board, Respondent.

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

Decided July 22, 2021.

Attorney(s) appearing for the Case

John F. Clennan , Ronkonkoma, for appellant.

Weiss, Wexler & Wornow, PC, New York City ( J. Evan Perigoe of counsel), for United Parcel Service, Inc. and another, respondents.

Lynch, J.P., Aarons, Reynolds Fitzgerald and Colangelo, JJ., concur.

Claimant's wife (hereinafter decedent) had coronary artery disease that led to a heart attack in 2002, and her failure to heal properly from the ensuing coronary bypass surgery required additional surgeries to repair her sternum and chest wall. She sought and obtained workers' compensation benefits after a 2006 incident in which she reinjured...

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