Claim of Tompkins v. Sunrise Heating Fuels, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCrew Iii, J.
Appeal from a decision of the Workers’ Compensation Board, filed November 10, 1998, which ruled that the death of claimant’s decedent arose out of and in the course of his employment and awarded workers’ compensation death benefits.
On November 29, 1995, claimant’s decedent, who delivered fuel oil for the employer, notified the employer that he felt ill and was leaving work to seek medical attention. Following his collapse in his doctor’s office, decedent was taken to a local hospital, where he died five days later. The death certificate listed the cause of death as heart failure due to an…
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