MATTER OF NEWTON v. SEARS ROEBUCK & COMPANY


293 A.D.2d 862 (2002)

740 N.Y.S.2d 510

In the Matter of the Claim of DONALD NEWTON, Appellant, v. SEARS ROEBUCK & COMPANY et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 11, 2002.


Rose, J.

In the course of his employment beginning in October 1992, claimant regularly unloaded trucks, stacked merchandise on pallets, and transported material to and from his employer's warehouse. While walking across a parking lot to the warehouse shortly after unloading a truck on February 13, 1998, claimant, who was then 66 years old and had been a volunteer firefighter for 28 years, felt a sharp pain across his right knee.

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