Legal Opinion
Claim of Koerner v. Orangetown Police Department
New York Court of Appeals
Decided November 20, 1986PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the claim dismissed.
To be compensable under the provisions of the Workers’ Compensation Law an injury must arise out of the employment, that is, it must be a natural incident of the work, and it *975must arise in the course of employment (Workers’ Compensation Law § 10; Matter of Malacarne v City of Yonkers Parking Auth., 41 NY2d 189, 193). Decedent’s death while sleeping at home was caused when his wife accidentally shot him with his service revolver. Inasmuch as departmental regulations…
2Cases cited9 opinions
- Matter of Wilson v. General Motors Corp.New York Court of Appeals · 1949
- Sorli v. LevittAppellate Division of the Supreme Court of the State of New York · 1980
- Peetz v. Industrial CommissionArizona Supreme Court · 1979
- Pucillo v. ReganAppellate Division of the Supreme Court of the State of New York · 1983
- Claim of De Jesus v. New York State PoliceAppellate Division of the Supreme Court of the State of New York · 1983
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ziccarelli v. NYU Hospitals CenterDistrict Court, S.D. New York · 2017
- Claim of Rosen v. First Manhattan BankAppellate Division of the Supreme Court of the State of New York · 1994
- Gedon v. University Medical Residents Services, P. C.Appellate Division of the Supreme Court of the State of New York · 1998
- Gardner v. Nurzia Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2009
- Banfield v. City of San AntonioCourt of Appeals of Texas · 1990
4 more not listed; retrieve them via the Exa API.