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MATTER OF JOHNSON v. NEW YORK STATE EMPLOYEES' RET. SYS.

151 A.D.2d 915 (1989)

In the Matter of Theodore Johnson, Petitioner, v. New York State Employees' Retirement System et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 22, 1989

Mercure, J.

Petitioner was employed as a bridge repair assistant by the New York State Thruway Authority. His duties, carried out on a piling barge on the Hudson River, required him to jump onto the barge from a tugboat which was used to push the barge into place. In September 1984, petitioner injured his back as he made the jump onto the piling barge, slipped on a combination of creosote and bird droppings and landed awkwardly. Following a hearing, respondent...

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