Legal Opinion

Claim of Manley v. Municipal Housing Authority of Utica

Appellate Division of the Supreme Court of the State of New York

Decided June 5, 2003PublishedCited by 2 opinions

1Opinion of the Court

—Spain, J.

Appeal from a decision of the Workers’ Compensation Board, filed February 7, 2002, which ruled that the death of claimant’s decedent did not arise out of and in the course of his employment and denied the claim for workers’ compensation death benefits.

Decedent suffered an unwitnessed fatal heart attack while working as a painter for the employer. Claimant, decedent’s widow, filed a claim for workers’ compensation death benefits, which was controverted by the employer and its workers’ compensation carrier. Following a hearing, the Worker’s Compensation Law Judge (hereinafter WCLJ)…

2Cases cited4 opinions

  1. Claim of Servidio v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 2002
  2. Claim of Heustis v. TerieleAppellate Division of the Supreme Court of the State of New York · 1993
  3. Claim of Cutting v. Richard W. Nezelek, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Claim of Quail v. Central New York Psychiatric CenterAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by2 opinions

  1. Claim of Fina v. New York State Olympic Regional Development AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
  2. Harriman v. Shaw Aero Devices, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

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