Legal Opinion
Claim of Fischer v. Kaleida Health
Appellate Division of the Supreme Court of the State of New York
Decided February 10, 2011Published
1Opinion of the CourtLahtinen, J.
Appeal from a decision of the Workers’ Compensation Board, filed November 27, 2009, which ruled that claimant sustained an accidental injury arising out of and in the course of her employment.
Claimant was employed as a visiting nurse and had appointments with numerous patients daily. On July 22, 2007, she had no visits scheduled between 1:30 p.m. and 3:30 p.m. and elected to get lunch at an outdoor festival during that time. As she was returning to her vehicle after lunch, she fell and broke her left arm, and she thereafter applied for workers’ compensation benefits. After a hearing, a…
2Cases cited5 opinions
- Claim of Richardson v. Fiedler Roofing, Inc.New York Court of Appeals · 1986
- Claim of Neacosia v. New York Power AuthorityNew York Court of Appeals · 1995
- Claim of Hamm v. USF Red StarAppellate Division of the Supreme Court of the State of New York · 2001
- Claim of Pallas v. New York State PoliceAppellate Division of the Supreme Court of the State of New York · 1969
- Matter of Laubeck v. Toc's Products CompanyNew York Court of Appeals · 1941