Appellate Division of the Supreme Court of the State of New York November 6, 2003 (In re the Claim of Holmes v. Kelly Farm & Garden, Inc.)

Mugglin, J.

Appeal from a decision of the Workers’ Compensation Board, filed March 28, 2002, which ruled that claimant’s decedent did not sustain a compensable injury.

Decedent, a delivery truck driver, suffered a fatal heart attack while making deliveries for the employer. There is no evidence of decedent’s precise activity at the time that he was stricken or if anyone witnessed the event.