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IN THE MATTER OF FISCHER v. KALEIDA HEALTH

510511.

81 A.D.3d 1065 (2011)

916 N.Y.S.2d 333

In the Matter of the Claim of MARGARET FISCHER, Respondent, v. KALEIDA HEALTH et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 10, 2011.

LAHTINEN, J.

Claimant was employed as a visiting nurse and had appointments with numerous patients daily. On July 22, 2007, she had no visits scheduled between 1:30 P.M. and 3:30 P.M. and elected to get lunch at an outdoor festival during that time. As she was returning to her vehicle after lunch, she fell and broke her left arm, and she thereafter applied for workers' compensation benefits. After a hearing, a workers' compensation law judge found that the injury...

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