Olsen v. State Accident Insurance Fund

The State Accident Insurance Fund correctly points out in its petition for reconsideration that our summary of D'Anofrio v. Hatten, 25 Misc2d 346, 206 NYS2d 494 (1960), was incorrect. In DAnofrio the New York Supreme Court held that the issue of whether an employe injured on the employer’s premises during the lunch period has an exclusive remedy under the Workmen’s Compensation Law is a question of fact. Defendant’s motion for summary judgment in a personal injury action was dismissed.

Our previous opinion held that an employe injured on the employer’s premises during the lunch break while…