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MATTER OF BORGEAT v. C & A BAKERY

511442.

89 A.D.3d 1296 (2011)

933 N.Y.S.2d 753

2011 NY Slip Op 8251

In the Matter of the Claim of YELENA BORGEAT, Respondent, v. C & A BAKERY, Appellant, et al., Respondent. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 17, 2011.

Mercure, J.P.

In October 2006, claimant's husband (hereinafter decedent) was employed as a delivery driver for the employer. On a Saturday afternoon, after his regularly scheduled work shift had concluded, decedent was involved in a motor vehicle accident that resulted in his death. Alleging that decedent was on an errand for the employer after his regular work hours, claimant sought workers' compensation death benefits. Following lengthy proceedings, a Workers' Compensation...

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