MATTER OF KOERNER v. ORANGETOWN POLICE DEP'T


68 N.Y.2d 974 (1986)

In the Matter of the Claim of Diane Koerner, Claimant, v. Orangetown Police Department et al., Appellants. Workers' Compensation Board, Respondent.

Court of Appeals of the State of New York.

Decided November 20, 1986.


Attorney(s) appearing for the Case

Nancy F. McKenna, Raymond C. Green, Carolyn B. Stevens and Debora A. Pitman for appellants.

Robert Abrams, Attorney-General (Theresa E. Wolinski, O. Peter Sherwood, Peter H. Schiff and Carlin Meyer of counsel), for Workers' Compensation Board, respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, ALEXANDER and HANCOCK, JR., concur in memorandum; Judges KAYE and TITONE taking no part.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the claim dismissed.

To be compensable under the provisions of the Workers' Compensation Law an injury must arise out of the employment, that is, it must be a natural incident of the work, and it must arise in the course of employment (Workers' Compensation Law § 10; Matter of Malacarne v City of Yonkers Parking Auth....

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