Legal Opinion
Claim of Gabriele v. Educational Bus Transportation, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 21, 2005PublishedCited by 3 opinions
1Opinion of the CourtCarpinello, J.
Appeal from a decision of the Workers’ Compensation Board, filed December 26, 2003, which ruled that claimant did not sustain an accidental injury in the course of his employment.
After claimant was injured when he was struck by an automobile as he was crossing a public street during his lunch break, he applied for workers’ compensation benefits. Finding that claimant had been engaged in a “dual purpose errand” at the time of the accident because he had stopped to cash his paycheck, a Workers’ Compensation Law Judge awarded him benefits. The Workers’ Compensation Board subsequently reversed…
2Cases cited7 opinions
- Claim of Neacosia v. New York Power AuthorityNew York Court of Appeals · 1995
- Claim of Watson v. American Can Co.Appellate Division of the Supreme Court of the State of New York · 1965
- Claim of Smith v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1998
- Claim of Flamholtz v. Byrde, Richards & Pound, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
- Claim of Rose v. Verizon New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
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3Cited by3 opinions
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- Matter of Rodriguez v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2018