Claim of Frederick v. Lindenhurst Union Free School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Spain, J.P.
Appeal from a decision of the Workers’ Compensation Board, filed July 3, 2008, which, among other things, ruled that the death of claimant’s decedent was not causally related to his employment.
Claimant’s husband (hereinafter decedent), a school custodian, went to the school’s boiler room on a break from work. Decedent was later discovered there slumped on a staircase, not breathing and unresponsive. He subsequently died and claimant applied for workers’ compensation benefits. Following a hearing, a Workers’ Compensation Law Judge awarded benefits. *1105Upon review, the Workers’…
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