Claim of Johnson v. County of Clinton

Crew III, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed August 4, 2006, which ruled that the death of claimant’s decedent did not arise out of his employment and denied her claim for workers’ compensation death benefits.

Claimant filed for workers’ compensation death benefits after her husband died at work. A Workers’ Compensation Law Judge denied the claim, finding that the presumption of compensability had been rebutted and decedent’s death was not causally related to his employment. The Workers’ Compensation Board affirmed the denial of benefits, prompting this appeal.