Pabon v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from a decision of the Workers’ Compensation Board, filed May 17, 2004, which ruled that claimant sustained an accidental injury arising out of and in the course of his employment.
Claimant, a bus driver employed by the New York City Transit Authority (hereinafter the employer), was injured when he was struck by a hit-and-run driver while returning to the bus depot to continue his route after a break at a nearby diner. Subsequent to a hearing, a Workers’ Compensation Law Judge found that claimant’s injuries were not compensable because they were not sustained during the course of his…
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