Legal Opinion

Claim of McMillan v. Dodsworth

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

Decided October 22, 1998PublishedCited by 4 opinions

1Opinion of the Court

Appeal from a decision of the Workers’ Compensation Board, filed October 2, 1997, which ruled that claimant sustained a compensable injury and awarded workers’ compensation benefits.

*620Claimant, a podiatrist’s assistant, was on a break in the lunch room at her place of employment when her sister entered the room and repeatedly struck her with a hammer. The employer was aware that several weeks prior to the attack the sister, who had been under psychiatric care, visited claimant at the office and initiated a nonviolent argument with her. Although the employer had recently installed locks on the…

2Cases cited4 opinions

  1. Claim of Russo v. HRT, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Mintiks v. Metropolitan Opera Ass'nAppellate Division of the Supreme Court of the State of New York · 1990
  3. Claim of Closson v. Dutchess County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 1992
  4. Claim of Robinson v. Village of Catskill Police DepartmentAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by4 opinions

  1. Claim of Turner v. F.J.C. Securities ServicesAppellate Division of the Supreme Court of the State of New York · 2003
  2. Perez v. Victory Motor InnAppellate Division of the Supreme Court of the State of New York · 2003
  3. Ruiz v. GriffinAppellate Division of the Supreme Court of the State of New York · 2008
  4. Matter of Timperio v. Bronx-Lebanon Hosp.Appellate Division of the Supreme Court of the State of New York · 2022

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