Legal Opinion

Claim of Nickens v. Randstad

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

Decided May 12, 2005Published

1Opinion of the CourtLahtinen, J.

Appeal from a decision of the Workers’ Compensation Board, filed June 25, 2004, which ruled that claimant sustained an accidental injury in the course of his employment and awarded workers’ compensation benefits.

Claimant worked for a temporary employment agency (hereinafter the employer) and was often assigned to a job with a garbage collection company throwing trash into a garbage truck. On October 7, 2003, he got caught between an arm of the truck’s hydraulic lift and the truck. He was lifted off the ground and pressed into the side of the truck, sustaining injuries that included multiple…

2Cases cited2 opinions

  1. Claim of Smith v. Community Resource CenterAppellate Division of the Supreme Court of the State of New York · 2000
  2. Iannelli v. Lumelite Plastics Corp.Appellate Division of the Supreme Court of the State of New York · 2001

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