MATTER OF PRESCOTT v. TOWN OF LAKE LUZERNE

509490.

79 A.D.3d 1216 (2010)

912 N.Y.S.2d 725

In the Matter of the Claim of JEFFREY T. PRESCOTT, Respondent, v. TOWN OF LAKE LUZERNE, Appellant. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 2, 2010.


STEIN, J.

On February 11, 2008, claimant fell as he was climbing down off a dump truck while in the course of his employment with the Town of Lake Luzerne (hereinafter the employer). Claimant landed on his right buttock and, experiencing significant pain and fearing that he had damaged his hip replacement,1 was taken by ambulance to the emergency room. Although the initial diagnosis at the emergency...

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