Hamilton v. Transport Workers Union of Greater New York, Local 100

Order affirmed, with costs to respondent Workmen’s Compensation Board.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke and Bergan. Judges Van Voorhis and Scileppi dissent in the following memorandum: An employee cannot obtain workmen’s compensation if he is injured ip the course of doing a thing forbidden by his employer (Matter of Hyatt v. United States Rubber Reclaiming Co., 256 N. Y. 571, affg. 230 App. Div. 743; Matter of Boggan v. Abby Finishing Co., 11 A D 2d 591). There is no dispute that this was a wildcat strike, as conclusively determined by the executive board of the union.…