Grapo v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Appeal from a decision of the Workers’ Compensation Board, filed June 16, 2004, which ruled that claimant’s decedent did not sustain a causally related injury and denied her claim for workers’ compensation death benefits.
Decedent, a City of Buffalo maintenance worker, collapsed while filling a pothole and was pronounced dead at the hospital. Claimant, decedent’s widow, filed a claim for workers’ compensation death benefits, which the employer controverted. Following hearings, a Workers’ Compensation Law Judge found that claimant was entitled to the presumption of compensability under Workers’…
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