Legal Opinion · Dissent

Baguma v. Walker

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

Decided July 1, 1993Published

1DissentMurphy, P. J.

The memorandum decision by the motion court correctly analyzes the applicable law. The motion court emphasized that different considerations apply in workers’ compensation cases than to cases involving injuries to third persons. Here the majority relies on Matter of Carreras v McGuire (87 AD2d 790), where the issue was whether a vehicular injury to a police officer who was driving a police car, that he kept overnight, while on his way home from work should be considered a line of duty injury. It is and should be the policy of the law to construe liberally an employer’s duty with respect to…

2Cases cited3 opinions

  1. Lundberg v. State of New YorkNew York Court of Appeals · 1969
  2. Cooke v. DrigantNew York Court of Appeals · 1942
  3. Carreras v. McGuireAppellate Division of the Supreme Court of the State of New York · 1982

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