MATTER OF ROGGERO v. FRONTIER INS. GROUP


250 A.D.2d 1011 (1998)

673 N.Y.S.2d 260

In the Matter of the Claim of Patricia Roggero, Appellant, v. Frontier Insurance Group, Respondent. Workers' Compensation Board, Respondent

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

May 21, 1998


Spain, J.

Claimant was employed as an insurance underwriter. It is undisputed that the employer had a strict policy against employees smoking on its premises. On May 31, 1995 while on an unpaid lunch hour, claimant left the employer's premises to take a walk and smoke a cigarette. She tripped in a pothole while crossing the public street and fractured her right foot and left wrist. Denied workers' compensation...

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