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Matter of Closson v. Dutchess Cty. Sheriff's

Appellate Division of the Supreme Court of New York, Third Department
Jan 9, 1992
179 A.D.2d 861 (N.Y. App. Div. 1992)

Opinion

January 9, 1992

Appeal from the Workers' Compensation Board.


Claimant testified that when her co-worker confronted her, she wanted to discuss the co-worker's daughter and the co-worker grabbed her by the shirt collar; when the co-worker finally let her go claimant fell and injured her knee. The co-worker also testified that the injury occurred as the result of a discussion with claimant over the co-worker's "personal business". The Workers' Compensation Board may draw any reasonable inference from the facts (Matter of Stone v. New York Artificial Breeders' Co-op, 33 A.D.2d 524, lv denied 25 N.Y.2d 742). Here, the Board's finding that claimant's injury was the result of a personal exchange and was therefore not a compensable injury is supported by reasonable inferences from the facts; it is therefore supported by substantial evidence and must be upheld (cf., Matter of Misita v. Williams Groceries Meats Fair, 59 A.D.2d 816, lv denied 43 N.Y.2d 648). Claimant's remaining contentions have been considered and rejected as lacking in merit.

Mikoll, Yesawich Jr., Levine, Crew III and Casey, JJ., concur. Ordered that the decision and supplemental decision are affirmed, without costs.


Summaries of

Matter of Closson v. Dutchess Cty. Sheriff's

Appellate Division of the Supreme Court of New York, Third Department
Jan 9, 1992
179 A.D.2d 861 (N.Y. App. Div. 1992)
Case details for

Matter of Closson v. Dutchess Cty. Sheriff's

Case Details

Full title:In the Matter of the Claim of DEBORAH A. CLOSSON, Appellant, v. DUTCHESS…

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

Date published: Jan 9, 1992

Citations

179 A.D.2d 861 (N.Y. App. Div. 1992)
577 N.Y.S.2d 976

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