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Wirth v. Hoboken BOE

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.

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