Legal Opinion · Dissent

Claim of Welz v. Markel Service, Inc.

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

Decided April 28, 1943Published

1DissentSoheitok, J.

Appeal by claimant from a decision of the State Industrial Board, dated March 16, 1942, and from an affirmance thereof on review, dated August 10, 1942, denying an award of death benefits. Decedent, employed by Markel Service, Inc., as an investigator and adjuster of accident claims against owners of motor vehicles, was required every sixth night to be on “ night duty.” That meant that he was to be available at his home, in Bellerose, Long Island, subject to telephone call in the event of the occurrence of an accident which his employer might instruct him to investigate. After completion of…

2Cases cited7 opinions

  1. Claim of Daus v. Gunderman & Sons, Inc.New York Court of Appeals · 1940
  2. Claim of Norris v. New York Central RailroadNew York Court of Appeals · 1927
  3. Matter of Hoffman v. New York Central R.R. Co.New York Court of Appeals · 1943
  4. Matter of Di Donato v. RosenbergNew York Court of Appeals · 1931
  5. Matter of McGrinder v. SullivanNew York Court of Appeals · 1943

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