Legal Opinion

Claim of Smith v. United States Trucking Corp.

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

Decided December 14, 1978PublishedCited by 6 opinions

1Opinion of the Court

Appeal from a decision of the Workers' Compensation Board, filed December 14, 1977. The facts in this case are not disputed. Claimant was employed as a rigging chauffeur and sustained injuries after he slipped and fell on the sidewalk during his lunch break on January 7, 1977. On that date, at approximately 11:30 a.m., claimant’s foreman suggested that they go for lunch and discuss the method they would use for installing a particularly heavy piece of equipment. While claimant, the foreman and a coworker walked down the street away from the job site and discussed the problem, claimant fell…

2Cases cited5 opinions

  1. Matter of Bollard v. EngelNew York Court of Appeals · 1938
  2. Claim of Caporale v. State Department of Taxation & FinanceAppellate Division of the Supreme Court of the State of New York · 1956
  3. Matter of Caporale v. State Dep't of Taxation & Fin.New York Court of Appeals · 1957
  4. Guzman v. Victor Machinery ExchangeAppellate Division of the Supreme Court of the State of New York · 1978
  5. Claim of Grosack v. Hermann & Jacobs Corp.Appellate Division of the Supreme Court of the State of New York · 1959

3Cited by6 opinions

  1. Claim of Huggins v. Masterclass MasonryAppellate Division of the Supreme Court of the State of New York · 2011
  2. Claim of Smith v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1998
  3. Claim of Harford v. Widensky's, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
  4. Matter of Scriven v. Davis Ulmer Sprinkler Co.Appellate Division of the Supreme Court of the State of New York · 2020
  5. Baxter v. T.G. Peppe, Inc.Appellate Division of the Supreme Court of the State of New York · 2011

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