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MATTER OF WATERS v. NEW YORK CITY TR. AUTH.

533860.

204 A.D.3d 1208 (2022)

167 N.Y.S.3d 208

2022 NY Slip Op 02474

In the Matter of the Claim of Quinton Waters, 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 14, 2022.

Attorney(s) appearing for the Case

Fusco, Brandenstein & Rada, PC, Woodbury ( Kenneth Larkin of counsel), for appellant.

Weiss, Wexler & Wornow, PC, New York City ( J. Evan Perigoe of counsel), for New York City Transit Authority, respondent.

Clark, Reynolds Fitzgerald, Colangelo and McShan, JJ., concur.

Claimant, a station agent, worked from 6:00 a.m. to 2:00 p.m. five days a week rotating on a six-month schedule between five different booths, with Wednesday and Thursday as his days off. On Wednesday, June 26, 2019, claimant, who had accepted an overtime assignment for that day and was wearing his station uniform, was struck by a vehicle...

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