Our client was a teacher who twisted her knee while walking around a desk to talk to a student. The school district contested her case, arguing that walking on a flat surface could not be the cause of a work-related injury. The Workers’ Compensation Board agreed with the employer, and we appealed.
The Appellate Division, Third Department agreed with our position that an accident that occurs during work is presumed to have been caused by the work. The Court reversed the Board’s decision, found in favor of our client, and returned the case to the Board to make an award.