Legal Opinion

Claim of O'Neil v. City of Albany Police Department

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

Decided February 10, 2011PublishedCited by 7 opinions

1Opinion of the Court

Mercure, J.P.

Appeal from a decision of the Workers’ Compensation Board, filed June 1, 2009, which ruled that claimant’s injury did not arise out of and in the course of her employment and denied her claim for workers’ compensation benefits.

Claimant, a police officer, is expected to be present at roll call each morning at 8:15 a.m., when she receives her duty assignment for the ensuing work day. Approximately 15 minutes prior to that time on May 4, 2007, claimant injured her back reaching across the front seat of her personal vehicle, which was parked on a public street, to retrieve a bag…

2Cases cited4 opinions

  1. Claim of Littles v. New York State Department of CorrectionsAppellate Division of the Supreme Court of the State of New York · 2009
  2. Claim of Harris v. New York State Office of General ServicesAppellate Division of the Supreme Court of the State of New York · 2004
  3. Claim of Fiero v. New York City Department of Housing Preservation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 2006
  4. Anowai v. Holiday InnAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by7 opinions

  1. Matter of Johnson (New York City Tr. Auth.)Appellate Division of the Supreme Court of the State of New York · 2020
  2. Matter of Espinoza v. City Safety Compliance Corp.Appellate Division of the Supreme Court of the State of New York · 2023
  3. Bolingbrook Police Department v. Illinois Workers' Compenstion Comm'nAppellate Court of Illinois · 2015
  4. Claim of Stratton v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2013
  5. Claim of Stratton v. New York State ComptrollerAppellate Division of the Supreme Court of the State of New York · 2013

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