Claim of Roggero v. Frontier Insurance Group
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
Appeal from a decision of the Workers’ Compensation Board, filed November 20, 1996, which ruled that claimant did not sustain an accidental injury in the course of her employment and denied her claim for workers’ compensation benefits.
Claimant was employed as an insurance underwriter. It is undisputed that the employer had a strict policy against employees smoking on its premises. On May 31, 1995 while on an unpaid lunch hour, claimant left the employer’s premises to take a walk and smoke a cigarette. She tripped in a pothole while crossing the public street and fractured her right foot and…
2Cases cited6 opinions
- Claim of Lawton v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Claim of Jacobs v. Dellwood FoodsAppellate Division of the Supreme Court of the State of New York · 1987
- Claim of Bernard v. Holiday House of SloatsburgAppellate Division of the Supreme Court of the State of New York · 1985
- Claim of Coningsby v. New York State Department of CorrectionsAppellate Division of the Supreme Court of the State of New York · 1997
- Claim of Johnson v. Sanitary Scale Co.Appellate Division of the Supreme Court of the State of New York · 1951
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3Cited by2 opinions
- Claim of Rose v. Verizon New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Claim of Bigley v. J & R Music ElectronicsAppellate Division of the Supreme Court of the State of New York · 2000