IN THE MATTER OF BONI-PHILLIPS v. OLIVER


56 A.D.3d 1073 (2008)

In the Matter of the Claim of KIM BONI-PHILLIPS, Respondent, v. STEVEN M. OLIVER et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

November 26, 2008.


Rose, J.

Claimant's husband had been working alone for the employer when he was found lying on the floor in full cardiac arrest. He died later the same day. The Workers' Compensation Board awarded death benefits to claimant, holding that the employer had not overcome the presumption of compensability in Workers' Compensation Law § 21 (1). The employer appeals.

It is well settled that where, as here, an unwitnessed or unexplained death occurs during the...

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