Legal Opinion

Claim of Wallas v. Mastic Beach Excavation, Inc.

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

Decided May 26, 2005PublishedCited by 7 opinions

1Opinion of the CourtCarpinello, J.

Appeal from a decision of the Workers’ Compensation Board, filed September 9, 2004, which ruled that claimant’s death was not causally related to his employment.

On October 3, 2003, claimant apparently suffered a cardiac arrest and died while working for Mastic Beach Excavation, Inc. Claimant was found by a coworker slumped over a piece of excavation equipment where he had been working alone. A claim for workers’ compensation death benefits was apparently filed on claimant’s behalf and controverted by the employer’s workers’ compensation carrier. Although a Workers’ Compensation Law Judge…

2Cases cited3 opinions

  1. Claim of Williams v. Metropolitan DistributionAppellate Division of the Supreme Court of the State of New York · 1995
  2. Claim of Barrington v. Hudson Valley Fruit Juice, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  3. Claim of Wilson v. Reddy Construction Co.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by7 opinions

  1. Babson v. Finch, Pruyn & Co.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Claim of MacDonald v. Penske LogisticsAppellate Division of the Supreme Court of the State of New York · 2006
  3. Claim of Dean v. Bill Rapp Pontiac, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Claim of Marcus v. City of TroyAppellate Division of the Supreme Court of the State of New York · 2007
  5. Cappellino v. Baumann & Sons Bus Co.Appellate Division of the Supreme Court of the State of New York · 2008

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