MATTER OF PEDRO v. VILLAGE OF ENDICOTT


307 A.D.2d 598 (2003)

762 N.Y.S.2d 177

In the Matter of the Claim of DONALD G. PEDRO, Respondent, v. VILLAGE OF ENDICOTT et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided July 24, 2003.


Spain, J.

Claimant, a full-time firefighter with the Village of Endicott Fire Department, was seriously injured while repairing his personal vehicle in his fire station's docking bay during on-duty "unstructured time," when a jack supporting the vehicle failed and the car fell upon him. The self-insured employer and its plan administrator controverted claimant's claim for workers' compensation benefits, contending, among other things, that claimant's injury did not...

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