Matter of Cappellino v. Baumann & Sons Bus Company
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the case remitted to that court to remand to the Workers’ Compensation Board for further proceedings in accordance with the following memorandum.
John Cappellino was employed by Baumann & Sons Bus Company as a bus driver. In July 2000, while supervising a van and bus wash, he suffered a fatal heart attack. Claimant, the decedent’s wife, brought a claim for death benefits under the Workers’ Compensation Law.
A Workers’ Compensation Law Judge found that the employer failed to file its notice of…
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