MATTER OF MELO v. JEWISH BOARD OF FAMILY AND CHILDREN'S SERVICES, INC.


45 A.D.3d 998 (2007)

845 N.Y.S.2d 844

In the Matter of the Claim of EVELYN MELO, Respondent, v. JEWISH BOARD OF FAMILY AND CHILDREN'S SERVICES, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 8, 2007.


Rose, J.

In 1997, while preparing a report in the course of her duties as a night shift direct care worker employed by the Jewish Board of Family and Children's Services, Inc., claimant heard a noise and left her office to investigate. She was assaulted by a stranger in the hallway and then dragged to the basement where she was knocked unconscious and raped. The assailant was never apprehended. In this proceeding to determine whether claimant is relegated to benefits...

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