MATTER OF McCLAIN v. BUFFALO NEWS


277 A.D.2d 530 (2000)

715 N.Y.S.2d 502

In the Matter of the Claim of PATRICIA McCLAIN, Respondent, v. BUFFALO NEWS et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 2, 2000.


Carpinello, J.

Decedent, an outside employee who traveled frequently in his capacity as a district manager for a newspaper, died in an accidental fire which destroyed his company van. Claimant, decedent's widow, filed a claim for workers' compensation death benefits alleging that decedent had been traveling for business at the time of his death. Applying the presumption of compensability set forth in Workers' Compensation Law § 21, the Workers' Compensation Board...

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