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MATTER OF NICHOLS v. HALE CREEK ASACTC

512258.

91 A.D.3d 1010 (2012)

935 N.Y.S.2d 915

2012 NY Slip Op 78

In the Matter of the Claim of JAMES A. NICHOLS, Respondent, v. HALE CREEK ASACTC et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided January 5, 2012.

McCARTHY, J.

Claimant, the superintendent of Hale Creek Correctional Facility in Fulton County, suffered a ruptured Achilles tendon while coaching an employee volleyball team preparing to compete in the "Department of Correction Olympics" and applied for workers' compensation benefits. The employer and its workers' compensation carrier (hereinafter collectively referred to as the carrier) controverted coverage, asserting, among other things, that the injury did not...

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