Claim of Bigley v. J & R Music Electronics
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGraffeo, J.
Appeal from a decision of the Workers’ Compensation Board, filed October 28, 1998, which ruled that claimant’s injury did not arise out of and in the course of his employment and denied his claim for workers’ compensation benefits.
Claimant, a security guard, filed a claim for workers’ compensation benefits alleging that he sustained an ankle injury while demonstrating a boxing maneuver to a co-worker. According to claimant, he attempted the maneuver while waiting for the elevator to arrive after completing his scheduled employment shift and punching out on the employer’s time clock.…
2Cases cited9 opinions
- Claim of Richardson v. Fiedler Roofing, Inc.New York Court of Appeals · 1986
- Claim of Vogel v. Anheuser-BuschAppellate Division of the Supreme Court of the State of New York · 1999
- Claim of Torio v. Fisher Body Division—General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Claim of Bashwinger v. Cath-Fran Construction Co.Appellate Division of the Supreme Court of the State of New York · 1994
- Claim of D'Accordo v. Spare Wheels & Car Shoppe of SayvilleAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by4 opinions
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- Pedro v. Village of EndicottAppellate Division of the Supreme Court of the State of New York · 2003
- Claim of Marquis v. Frank's Vacuum Truck Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Backiel v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2002