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IN MATTER OF BOOTH v. NEW YORK STATE DEPARTMENT OF CORRECTIONS

58 A.D.3d 1027 (2009)

871 N.Y.S.2d 783

In the Matter of TROY BOOTH, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

January 22, 2009.

Kane, J.

Claimant, a correction officer at Arthur Kill Correctional Facility in Richmond County, was injured while practicing basketball off-duty at the facility in preparation for the "Department of Correction Olympics," an annual event involving correction officers and staff from the various correctional facilities around the state. Following a hearing, a Workers' Compensation Law Judge disallowed claimant's application for workers' compensation benefits, finding...

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