MATTER OF CRUZ v. KARL EHMER, INC.


282 A.D.2d 841 (2001)

724 N.Y.S.2d 777

In the Matter of the Claim of WILFREDO CRUZ, Appellant, v. KARL EHMER, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 12, 2001.


Cardona, P. J.

On July 10, 1996 at 1:30 P.M., claimant, a butcher, injured his knee in the employer's parking lot shortly after he clocked out of work at the end of his shift which began at 4:00 A.M. Claimant sustained an injury when he bent down to check a flat tire on his vehicle. The Workers' Compensation Board concluded that claimant's act was a personal one which did not arise out of and in the course of his employment. Claimant appeals.

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