Claim of Huggins v. Masterclass Masonry
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtRose, J.
Appeal from a decision of the Workers’ Compensation Board, filed March 19, 2009, which ruled that claimant did not sustain an accidental injury arising out of and in the course of his employment.
In January 2008 claimant, a bricklayer, left his work site, purchased a sandwich and sat down inside a municipal bus shelter to eat his lunch. The shelter was located across the street from claimant’s work site. As claimant prepared to return to work, a glass panel in the shelter collapsed on him, causing him to sustain various injuries. Claimant thereafter filed this claim for workers’ compensation…
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