Silvestri Ex Rel. Silvestri v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtClark, J.
Appeals from two decisions of the Workers’ Compensation Board, filed January 6, 2006, which ruled, among other things, that decedent’s injuries and consequential' death were the result of an accident arising out of and in the course of his employment.
Frank Silvestri (hereinafter decedent) was employed as a maintenance worker for a municipal transit authority (hereinafter referred to as the self-insured employer), and his duties included repairing subway cars. On April 24, 2014, after decedent had completed his 6:00 a.m. to 2:00 p.m. shift, claimant — his wife — found him in bed at around 3:00…
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