Legal Opinion

Claim of Aldrich v. Town of Marlboro

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

Decided September 23, 1993Published

1Opinion of the Court

Appeal from a decision of the Workers’ Compensation Board, filed November 6, 1992, which ruled that claimant sustained an accidental injury arising out of and in the course of employment.

Claimant, a police officer, was injured when a handgun *934accidentally discharged when he attempted to put a padlock on the trigger guard. The Workers’ Compensation Board found that the accident arose out of and in the course of employment. The employer contends on this appeal that the injury was a result of noncompensable horseplay.

We affirm. The Board accepted claimant’s testimony that he attempted to place…

2Cases cited2 opinions

  1. Claim of McCabe v. Peconic Ambulance & Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  2. Gizowski v. Pacos Construction Co.Appellate Division of the Supreme Court of the State of New York · 1990

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