MATTER OF SMITH v. CITY OF ROCHESTER


255 A.D.2d 863 (1998)

681 N.Y.S.2d 371

In the Matter of the Claim of Donna Smith, Appellant, v. City of Rochester et al., Respondents. Workers' Compensation Board, Respondent

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

November 25, 1998


Claimant, a parking monitor, was returning to work after eating at a restaurant on her unpaid lunch break when she fell on a wet floor located in front of the elevator leading out of the restaurant. The Workers' Compensation Board denied claimant benefits on the ground that the accident did not arise out of and in the course of her employment. We affirm. Lunchtime injuries are generally deemed to occur outside the scope of employment except under limited circumstances where...

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