Claim of Provenzano v. Pepsi Cola Bottling Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMugglin, J.
Appeal from a decision of the Workers’ Compensa*931tion Board, filed December 13, 2004, which ruled that the death of claimant’s decedent arose out of and in the course of his employment and awarded claimant workers’ compensation death benefits.
Claimant’s husband (hereinafter decedent) was employed as a quality control technician by Pepsi Cola Bottling Company (hereinafter the employer), where he also served as a union shop steward. At approximately 10:00 p.m. on October 25, 2002, decedent was contacted at his home by Gary Ulzheimer, the assistant union shop steward, and advised of an issue…
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