Legal Opinion

Claim of Fatima v. MTA Bridges & Tunnels

Appellate Division of the Supreme Court of the State of New York

Decided May 16, 2013Published

1Opinion of the CourtRose, J.

Appeal from a decision of the Workers’ Compensation Board, filed February 15, 2012, which ruled that the death of claimant’s husband was not causally related to his employment.

Claimant’s husband (hereinafter decedent) worked on a maintenance crew for the employer and, in January 2011, he was called in to work overtime on a weekend by assisting in installing an emergency roadway plate on a bridge. The workers assessed the situation and returned to the maintenance facility to gather their tools and wait for the rest of the crew to arrive. While waiting there, decedent went alone to the locker…

2Cases cited3 opinions

  1. Claim of Hanna v. Able Body LaborAppellate Division of the Supreme Court of the State of New York · 2009
  2. Ruper v. Transport SystemsAppellate Division of the Supreme Court of the State of New York · 2009
  3. Claim of Nothaft v. Hawkeye Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2010

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