Claim of Flood v. New York State Department of Transportation

Appeal from a decision of the Workers’ Compensation Board, filed February 27, 2004, which ruled that the death of claimant’s decedent did not arise out of and in the course of his employment and denied her claim for workers’ compensation death benefits.

Decedent, a highway maintenance, worker, suffered a cardiac arrest while operating a loader vehicle and died at the hospital later that same day. Claimant, decedent’s wife, filed a claim for workers’ compensation death benefits, alleging that decedent’s death was causally related to his employment. Following hearings, the Workers’ Compensation…