IN THE MATTER OF JAMES MARQUIS v. FRANK'S VACUUM TRUCK SERVICE, INC.


29 A.D.3d 1038 (2006)

814 N.Y.S.2d 363

In the Matter of the Claim of JAMES MARQUIS, Appellant, v. FRANK'S VACUUM TRUCK SERVICE, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

May 4, 2006.


Peters, J.

Claimant, a truck driver, made an application for workers' compensation benefits as a result of a gunshot injury that he suffered to his left knee when he was attacked by several men upon leaving a restaurant where he had just taken a lunch break. The Workers' Compensation Board denied his claim, finding that the injury-causing incident occurred at a time when he had substantially deviated from his employment. This appeal by claimant ensued, and we now...

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