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Matter of Balcerak v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1999
257 A.D.2d 658 (N.Y. App. Div. 1999)

Opinion

January 25, 1999.

Appeal from the Supreme Court, Nassau County (Lockman, J.).


Ordered that the judgment is affirmed insofar as appealed from, with costs.

The petitioner, a correction officer, was injured in an automobile accident after completing a special assignment at North Shore University Hospital and was awarded Workers' Compensation benefits. The appellant, however, subsequently denied the petitioner's application for benefits pursuant to General Municipal Law § 207-c on the ground that he was not injured in the performance of his duties ( see, General Municipal Law § 207-c).

The Supreme Court properly granted the petition and directed payment of the statutory benefits. The court correctly concluded that the appellant was bound by the prior decision of the Workers' Compensation Board, which necessarily determined that the petitioner's injuries occurred while performing his duties ( see, Matter of De John v. Town of Frankfort, 209 A.D.2d 938; Matter of Fedorczak v. Dolce, 202 A.D.2d 668; Matter of Maresco v. Rozzi, 162 A.D.2d 534; Matter of Crawford v. Sheriff's Dept., 152 A.D.2d 382).

Santucci, J.P., Joy, Altman and Luciano, JJ., concur.


Summaries of

Matter of Balcerak v. County of Nassau

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1999
257 A.D.2d 658 (N.Y. App. Div. 1999)
Case details for

Matter of Balcerak v. County of Nassau

Case Details

Full title:In the Matter of GREGORY BALCERAK, Respondent, v. COUNTY OF NASSAU…

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

Date published: Jan 25, 1999

Citations

257 A.D.2d 658 (N.Y. App. Div. 1999)
684 N.Y.S.2d 565