A mid-level appeals court reversed a New York Workers Compensation Board ruling that a doctor who was severely wounded at Bronx-Lebanon Hospital during a 2017 mass shooting was injured in the course of his employment, allowing the plaintiff to pursue civil claims in federal court.
A unanimous four-judge panel from the Appellate Division, Third Department agreed with plaintiff Justin Timperio that his being shot by Henry Bello, a doctor who resigned from the hospital in 2015 amid sexual harassment allegations and who was able to get through building security with a loaded AR-15, was not a workplace-related injury.
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