Martinez v. Stoller

OPINION

SUTIN, Judge.

Plaintiff appeals a summary judgment granted defendants in a workmen’s compensation case. We reverse.

Plaintiff was employed in defendant’s restaurant as a waitress, dishwasher and she cleaned tables. On October 16, 1979,, a day off work, plaintiff went to the restaurant to pick up her paycheck. It was defendant’s practice to place paychecks in the cash register for employees to pick up. It was customary for plaintiff and other employees to pick up paychecks if payday fell on a day that they did not otherwise work. Upon arrival, one of the waitresses gave plaintiff her…