In Matter of Cappellino v. Baumann & Sons Bus Co. , Kathleen Cappellino challenged a Workers' Compensation Board (WCB) ruling which denied her claim for her spouse's death benefits.
Even though Cappellino's husband suffered a heart attack and died while walking along his employer's bus yard, the WCB concluded his death wasn't employment related and denied the request.
On review, the Appellate Division, Third Department, found the denial appropriate given Cappellino's medical history -- which showed he suffered from high blood pressure, was a "chronic smoker," was "markedly obese," had surgery for obstructive sleep apnea, and, suffered two prior heart attacks which required an angioplasty and a stent.
Who missed the bus there?
To download a copy of the Appellate Division's decision, please use this link: Matter of Cappellino v. Baumann & Sons Bus Co.