MATTER OF WARNER v. NEW YORK CITY TRANSIT AUTHORITY

527193.

171 A.D.3d 1429 (2019)

96 N.Y.S.3d 772

2019 NY Slip Op 03122

In the Matter of the Claim of Marcus Warner, Appellant, v. New York City Transit Authority, Respondent. Workers' Compensation Board, Respondent.

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

Decided April 25, 2019.


Claimant was employed as a subway train cleaner for the self-insured employer, assigned to work the 12:00 a.m. until 8:00 a.m. shift. At approximately 7:50 a.m. on April 18, 2016, claimant clocked out of work after completing his shift and took the train home. As claimant was disembarking the train, he was assaulted by another passenger...

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