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Matter John W. Donahue v. Arthur Levitt

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eBook details

  • Title: Matter John W. Donahue v. Arthur Levitt
  • Author : Supreme Court of New York
  • Release Date : January 30, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

[55 A.D.2d 240 Page 240] The facts are not disputed. Petitioner, a maintenance mechanic employed by the New York State Department of Transportation, was injured on December 6, 1973 while in the performance of his regular duties. On that day petitioner was descending from the roof of a truck on which he was working when the box onto which he was stepping tipped over and he lost his balance. At the time he was some two and one-half feet from the garage floor and in order to break his fall he took hold of the mirror brackets on the truck. His body twisted around and he then grasped the truck's door handle, stepped onto the gas tank, and stepped down to the floor. Petitioner has been unable to return to work since this incident occurred. He applied for accidental disability retirement and following a hearing, it was determined that the incident of December 6, 1973 did not constitute an accident within the meaning of section 63 of the Retirement and Social Security Law and petitioner's application was disapproved. Thereafter the State Comptroller affirmed the hearing officer's disapproval. Petitioner then instituted [55 A.D.2d 240 Page 241]


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