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Appellate Division, 3rd Department Case Summaries: April 2, 2008

Appellate Division, Third Department

Workers' Compensation

Course of Employment

McFarland v. Lindy's Taxi Inc.

502990

Appealed from the Workers' Compensation Board

Background: The claimant initially was denied workers' compensation benefits following an accident in which he lost an eye. During a meal break, he offered to assist a stranded motorist with a dead battery. The battery exploded, which caused the injury. The initial determination was that, since the injury was outside the scope of employment and a "personal" service, it was not covered under the workers' compensation scheme. This decision later was reversed and an appeal is brought to the Appellate Division.

Ruling: The employer ...

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