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Appellate Division, 3rd Department Case Summaries: April 2, 2008
- Article from:
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Daily Record (Rochester, NY)
- Article date:
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April 2, 2008
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Copyright informationCopyright 2008 Daily Record (Rochester, NY). Provided by ProQuest LLC. (Hide copyright information)
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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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