Legal Opinion

Claim of Crump v. Saint Patrick's Church

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

Decided March 8, 2007PublishedCited by 2 opinions

1Opinion of the CourtLahtinen, J.

Appeal from a decision of the Workers’ Compensation Board, filed November 21, 2005, which ruled that the death of claimant’s decedent was not causally related to his employment.

Decedent, claimant’s husband, collapsed at work and died shortly thereafter of coronary artery disease. Because decedent was at work and the incident was unwitnessed, his death was presumed to have been causally related to his employment (see Workers’ Compensation Law § 21 [1]). The self-insured employer initially failed to rebut that presumption (see Matter of Babson v Finch Pruyn & Co. Inc., 25 AD3d 936, 937 [2006]),…

2Cases cited3 opinions

  1. Claim of Pinto v. Southport Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2005
  2. Babson v. Finch, Pruyn & Co.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Claim of MacDonald v. Penske LogisticsAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by2 opinions

  1. Cappellino v. Baumann & Sons Bus Co.Appellate Division of the Supreme Court of the State of New York · 2008
  2. Claim of Barth v. Hanson Aggregates, Inc.Appellate Division of the Supreme Court of the State of New York · 2008

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