In re the Claim of Chirico

McCarthy, J.P.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 6, 2014, which ruled that claimant was entitled to receive unemployment insurance benefits.

For approximately 10 months, claimant worked for the employer as a motor equipment operator. On October 10, 2012, after parking and exiting the employer’s refuse truck at a restaurant, three individuals, two of whom were carrying golf clubs, assaulted claimant. After being struck with a golf club, claimant grabbed one of the golf clubs and swung the club to ward off the three attackers. After the police arrived…