Legal Opinion
Claim of Carroll v. Fagan, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 24, 2011PublishedCited by 2 opinions
1Opinion of the CourtRose, J.
Claimant was hired by the employer to perform welding work at a single construction project. As the work site was a substantial distance from claimant’s permanent residence, the employer provided a per diem for living expenses in addition to his hourly wages. Claimant thereafter obtained lodging near the site, was injured while commuting to work, and applied for workers’ compensation benefits. A workers’ compensation law judge awarded those benefits following a hearing, finding that claimant’s injuries arose out of and in the course of his employment. Upon review, the Workers’ Compensation…
2Cases cited7 opinions
- Claim of Neacosia v. New York Power AuthorityNew York Court of Appeals · 1995
- Matter of Bennett v. Marine Works, Inc.New York Court of Appeals · 1937
- Claim of Davis v. Labor ReadyAppellate Division of the Supreme Court of the State of New York · 2010
- Fisher v. Otis Elevator Co.New York Court of Appeals · 1968
- Claim of Engle v. Reale Construction Co.Appellate Division of the Supreme Court of the State of New York · 2005
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3Cited by2 opinions
- Claim of Borgeat v. C & A BakeryAppellate Division of the Supreme Court of the State of New York · 2011
- Matter of Rodriguez v. New York City Tr. Auth.Appellate Division of the Supreme Court of the State of New York · 2018