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MATTER OF ALDRICH v. TOWN OF MARLBORO

196 A.D.2d 933 (1993)

602 N.Y.S.2d 40

In the Matter of the Claim of Gordon J. Aldrich, Respondent, v. Town of Marlboro, Appellant. Workers' Compensation Board, Respondent

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

September 23, 1993

Claimant, a police officer, was injured when a handgun accidentally discharged when he attempted to put a padlock on the trigger guard. The Workers' Compensation Board found that the accident arose out of and in the course of employment. The employer contends on this appeal that the injury was a result of noncompensable horseplay.

We affirm. The Board accepted claimant's testimony that he attempted to place the padlock...

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