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MATTER OF GIOIA v. MIDDLETOWN SCHOOL DISTRICT

48 A.D.3d 841 (2008)

851 N.Y.S.2d 284

In the Matter of the Claim of ARLENE GIOIA, Appellant, v. MIDDLETOWN SCHOOL DISTRICT, Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 7, 2008.

Kane, J.

Claimant, a home tutor for the employer, was injured when she fell in the parking lot of a public library after driving there to conduct research in preparation for that day's assignments. Thereafter, claimant applied for workers' compensation benefits. Following hearings, a Workers' Compensation Law Judge, finding that claimant's injury arose out of and in the course of her employment, awarded her benefits. The Workers' Compensation Board reversed, prompting...

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