Appellate Division of the Supreme Court of the State of New York January 7, 2010 (Claim of Nothaft v. Hawkeye Construction, Inc.)

Peters, J.R

In March 2005, claimant’s husband (hereinafter decedent) was employed as a truck driver at a construction site. Approximately two hours after the start of his shift, decedent was found unconscious in the cab of his truck and later died. An autopsy was performed and the cause of death was determined to be hypertensive and arteriosclerotic heart disease.