| Matter of Johnson v County of Clinton |
| 2007 NY Slip Op 10005 [46 AD3d 1175] |
| December 20, 2007 |
| Appellate Division, Third Department |
| In the Matter of the Claim of Kathleen H. Johnson, Appellant, vCounty of Clinton, Respondent. Workers' Compensation Board,Respondent. |
—[*1] Stafford, Owens, Curtin & Trombley, P.L.L.C., Plattsburgh (Thomas M. Murnane ofcounsel), for County of Clinton, respondent.
Crew III, J.P. Appeal from a decision of the Workers' Compensation Board, filed August 4,2006, which ruled that the death of claimant's decedent did not arise out of his employment anddenied her claim for workers' compensation death benefits.
Claimant filed for workers' compensation death benefits after her husband died at work. AWorkers' Compensation Law Judge denied the claim, finding that the presumption ofcompensability had been rebutted and decedent's death was not causally related to hisemployment. The Workers' Compensation Board affirmed the denial of benefits, prompting thisappeal.
Initially, we note that the presumption of compensability is inapplicable here, as decedent'sdeath was witnessed by fellow employees and explained by autopsy (see Matter of Crapo v City of Buffalo,24 AD3d 838, 839 [2005]). We further are of the opinion that there is substantial evidencesupporting the Board's determination based upon the testimony of the workers' compensationcarrier's medical expert. While claimant's expert rendered a contrary [*2]opinion as to decedent's cause of death, we need note only thatresolution of such conflicting opinions rests with the Board, whose determination we accord duedeference (see e.g. Matter of Dean v BillRapp Pontiac, Inc., 30 AD3d 806, 807 [2006]).
Peters, Spain, Carpinello and Mugglin, JJ., concur. Ordered that the decision is affirmed,without costs.