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MATTER OF CLAIM OF RUPER v. TRANSPORT SYSTEMS OF WESTERN NEW YORK

58 A.D.3d 930 (2009)

870 N.Y.S.2d 623

In the Matter of the Claim of JACQUELINE RUPER, Appellant, v. TRANSPORT SYSTEMS OF WESTERN NEW YORK et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

January 8, 2009.

KANE, J.

Claimant's husband (hereinafter decedent), a tractor-trailer driver, died after suffering a cardiac arrest. Decedent arrived for work at approximately 11:30 A.M. that day, after being assigned to drive an empty trailer to West Virginia. After no one had seen or heard from him during the day, a search ensued and decedent's body was found slumped against a flatbed trailer in the employer's parking lot at approximately 4:45 P.M.

Claimant filed a claim...

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