MATTER OF OWENS v. VILLAGE OF ELLENVILLE POLICE DEPARTMENT


280 A.D.2d 786 (2001)

721 N.Y.S.2d 135

In the Matter of the Claim of PETER T. OWENS, Appellant, v. VILLAGE OF ELLENVILLE POLICE DEPARTMENT, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 8, 2001.


Spain, J.

In December 1995, claimant filed a claim for workers' compensation benefits based upon a back injury which allegedly occurred two months earlier during the course of his work as a police officer. According to claimant, the injury occurred when he assisted fire department personnel in clearing the branches of a storm-damaged tree from a street. He testified that he arrived at the scene at about 1:00 P.M. and assisted in the tree-clearing activity until it...

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