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N.Y. 3rd: Personal Activity at Work Supports Denial

Monday, August 7, 2006 | 0

New York's Third Appellate Division rejected a guard's claim for workers' compensation disability retirement benefits for a slip-and-fall accident that happened while she was walking to the car to get her cell phone. The appellate court in Welch v. Hevesi, No. 500066 (8/3/06), turned down correction officer Terry Welch's petition for review, saying she "was engaged in a personal activity rather than performing work duties." Her application for accidental disability retirement benefits had been denied previously. Welch worked at Green Haven Correctional Facility in Dutchess County, but wa...

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