MATTER OF WADSWORTH v. K-MART CORPORATION

507761.

72 A.D.3d 1244 (2010)

898 N.Y.S.2d 338

In the Matter of the Claim of MARY WADSWORTH, Respondent, v. K-MART CORPORATION et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided April 8, 2010.


Mercure, J.P.

Claimant worked as an assistant store manager for the employer. In September 2006, her personal vehicle was stolen while she worked. One week later, claimant was reporting to work when she noticed that the stolen car was idling in the store's parking lot. Claimant approached the vehicle and became involved in a physical altercation with the driver. During the scuffle, a store employee who was acquainted with claimant's assailant exited the store, jumped...

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