Client: Hoboken BOE
Court: Workers’ Compensation
Trial Attorney: Andrea L. Schlafer, Esq.
Brief Attorney: Andrea L. Schlafer, Esq.
**Results may vary depending on your particular facts and legal circumstances**
The Petitioner filed a Claim Petition alleging her injury to the lumbar spine necessitating a three level fusion occurred in the course and scope of employment. Respondent, through counsel, denied the claim as arising out of employment as the petitioner was engaging in a fitness club when the injury occurred. Furthermore, it was Respondent’s position that the activity engaged in whether the incident occurred was “social and/or recreational” thus not compensable. After a lengthy trial, the Judge of Compensation found that the accident did not arise out of employment and dismissed the claim with prejudice.