MATTER OF DAVENPORT v. NEW YORK STATE SENATE


283 A.D.2d 880 (2001)

725 N.Y.S.2d 726

In the Matter of the Claim of NANCY S. DAVENPORT, Appellant, v. NEW YORK STATE SENATE et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 24, 2001.


Mercure, J.

Claimant was injured in a fall that occurred at the end of her work day when she exited the building where her employer was a tenant and she stepped into a pot hole in the street while attempting to enter a car that had stopped to give her a ride. On this appeal from a decision of the Workers' Compensation Board denying her claim for workers' compensation benefits, claimant contends that the Board erred in finding that her injury did not arise out of and...

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