Legal Opinion

Claim of Lubrano v. Malinet

Appellate Division of the Supreme Court of the State of New York

Decided October 18, 1984Published

1Opinion of the Court

Appeal from a decision of the Workers’ Compensation Board, filed September 13, 1983, which ruled that claimant’s injury arose out of and in the course of his employment.

Claimant, a 16-year-old gasoline service station attendant, sustained multiple burns from an explosion which occurred when he threw a lighted match into a can containing a residue of gasoline, oil and grease. Apparently, no explosion occurred when this trick had been performed on previous occasions by another employee and claimant. The Board affirmed the decision of the administrative law judge holding that the injury, which…

2Cases cited8 opinions

  1. Matter of Industrial Comr. (Siguin) v. McCarthyNew York Court of Appeals · 1946
  2. Matter of Ognibene v. Rochester Manufacturing Co.New York Court of Appeals · 1948
  3. Claim of Burns v. Merritt Engineering Co.New York Court of Appeals · 1951
  4. Claim of Miles v. Gibbs & Hill, Inc.New York Court of Appeals · 1929
  5. Claim of Derby v. International Salt Co.Appellate Division of the Supreme Court of the State of New York · 1931

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