Legal Opinion
Claim of Harris v. Poughkeepsie Journal
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 2001PublishedCited by 5 opinions
1Opinion of the CourtCardona, P. J.
Appeal from a decision of the Workers’ Compensation Board, filed May 3, 2000, which ruled that the death of claimant’s decedent did not arise out of his employment and denied the claim for workers’ compensation death benefits.
A few hours after the beginning of his shift as a bulk newspaper delivery driver, claimant’s decedent was found dead in the drivers’ room at the employer’s premises. An autopsy determined, inter alia, that decedent had choked to death on a piece of ham. His loaded delivery vehicle was parked near the drivers’ room with a partially eaten sandwich inside. The Workers’…
2Cases cited6 opinions
- Claim of Lawton v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Claim of Vogel v. Anheuser-BuschAppellate Division of the Supreme Court of the State of New York · 1999
- Claim of Anadio v. Ideal Leather FinishersAppellate Division of the Supreme Court of the State of New York · 1969
- Cruz v. Karl Ehmer, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Claim of Harford v. Widensky's, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
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3Cited by5 opinions
- Claim of Marotta v. Town & Country Electric, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Claim of Camino v. Chappaqua TransportationAppellate Division of the Supreme Court of the State of New York · 2005
- Claim of Pagano v. Anheuser Busch, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Pedro v. Village of EndicottAppellate Division of the Supreme Court of the State of New York · 2003
- Matter of Capraro v. Matrix Absence Mgt.Appellate Division of the Supreme Court of the State of New York · 2020