Legal Opinion

Claim of Belaska v. New York State Department of Law

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

Decided June 21, 2012Published

1Opinion of the CourtPeters, P.J.

Appeal from a decision of the Workers’ Compensation Board, filed December 6, 2010, which ruled that claimant’s injury did not arise out of her employment and denied her claim for workers’ compensation benefits.

aimant, a clerk for the Department of Law, sustained injuries to her chest, neck and right shoulder after she was involved in an altercation with a fellow passenger on the shuttle bus ride to a satellite parking lot in September 2009. Subsequently, claimant sought workers’ compensation benefits for her physical injuries, as well as for consequential posttraumatic stress disorder. The…

2Cases cited4 opinions

  1. Rosen v. First Manhattan BankNew York Court of Appeals · 1994
  2. Claim of Turner v. F.J.C. Securities ServicesAppellate Division of the Supreme Court of the State of New York · 2003
  3. Perez v. Victory Motor InnAppellate Division of the Supreme Court of the State of New York · 2003
  4. Claim of Wadsworth v. K-Mart Corp.Appellate Division of the Supreme Court of the State of New York · 2010

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