Claim of Manley v. Municipal Housing Authority of Utica
Appellate Division of the Supreme Court of the State of New York
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)…
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