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IN THE MATTER OF PABON v. NEW YORK CITY TRANSIT AUTHORITY

24 A.D.3d 833 (2005)

805 N.Y.S.2d 183

In the Matter of the Claim of ALFONSO PABON, Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

December 1, 2005.

MERCURE, J.

Claimant, a bus driver employed by the New York City Transit Authority (hereinafter the employer), was injured when he was struck by a hit-and-run driver while returning to the bus depot to continue his route after a break at a nearby diner. Subsequent to a hearing, a Workers' Compensation Law Judge found that claimant's injuries were not compensable because they were not sustained during the course of his employment. The Workers' Compensation Board reversed...

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