Claim of McMillan v. Dodsworth
Appellate Division of the Supreme Court of the State of New York
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…
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