Claim of Myers v. Eldor Contracting Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Peters, J.
Appeal from a decision of the Workers’ Compensation Board, filed December 22, 1998, which ruled that the death of claimant’s decedent did not arise out of and in the course of his employment and denied her claim for workers’ compensation death benefits.
Decedent, a foreman for an electrical contractor, suffered a fatal heart attack in the employer’s temporary office at a construction site. Claimant, decedent’s wife, filed a claim for workers’ compensation death benefits. The Workers’ Compensation Board concluded that decedent’s death was unrelated to his work and denied the claim,…
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