Legal Opinion

Claim of Gioia v. Middletown School District

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

Decided February 7, 2008PublishedCited by 2 opinions

1Opinion of the CourtKane, J.

Appeal from a decision of the Workers’ Compensation Board, filed December 1, 2006, which ruled that claimant did not sustain an injury arising out of and in the course of her employment and denied her claim for workers’ compensation benefits.

Claimant, a home tutor for the employer, was injured when she fell in the parking lot of a public library after driving there to conduct research in preparation for that day’s assignments. Thereafter, claimant applied for workers’ compensation benefits. Following hearings, a Workers’ Compensation Law Judge, finding that claimant’s injury arose out of and…

2Cases cited5 opinions

  1. Claim of Neacosia v. New York Power AuthorityNew York Court of Appeals · 1995
  2. Claim of Dziedzic v. Orchard Park Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2001
  3. Claim of Giannousis v. United Cerebral PalsyAppellate Division of the Supreme Court of the State of New York · 2003
  4. Claim of Carney v. Regal Dry CleanersAppellate Division of the Supreme Court of the State of New York · 2003
  5. Murphy v. Mt. Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by2 opinions

  1. Claim of Borgeat v. C & A BakeryAppellate Division of the Supreme Court of the State of New York · 2011
  2. Matter of Serrata v. Suffolk County Police Dept.Appellate Division of the Supreme Court of the State of New York · 2023

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