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A schoolteacher, while monitoring a study hall, fell after opening a window and fractured her right femur. The Workers' Compensation Board denied her claim, concluding the accident did not arise out of employment as no work-related factor caused her fall. On appeal, the court reversed this decision, asserting that since the injury occurred 'in the course of' her employment, a presumption arises that it also arose 'out of' employment. The court found that the employer and its carrier failed to present substantial evidence to rebut this presumption. The matter was remitted to the Workers’ Compensation Board for further proceedings.
Claim of Van Horn v. Red Hook Central School is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
A schoolteacher, while monitoring a study hall, fell after opening a window and fractured her right femur. The Workers' Compensation Board denied her claim, concluding the accident did not arise out of employment as no work-related factor caused her fall. On appeal, the court reversed this decision, asserting that since the injury occurred 'in the course of' her employment, a presumption arises that it also arose 'out of' employment. The court found that the employer and its carrier failed to present substantial evidence to rebut this presumption. The matter was remitted to the Workers’ Compensation Board for further proceedings.
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