Claim of Stevens v. Walsh Construction Co.

— Yesawich, Jr., J.

Appeal from a decision of the Workers’ Compensation Board, filed May 1, 1985.

On October 16, 1982, claimant was injured in a one-car accident while driving from work to his newly rented, but as yet unoccupied, home in the Village of Mexico, Oswego County. In accordance with the employment contract, the employer, Walsh Construction Company (Walsh), had been paying claimant a flat fee of $6 daily for travel between work and home irrespective of the location of claimant’s place of residence. Walsh maintains that the accident did not occur in the course of claimant’s employment…