Legal Opinion · Dissent

McNamara v. Town of Hamden

Supreme Court of Connecticut

Decided February 6, 1979Published

1DissentLongo, J.

The opinion announced by the majority today correctly focuses on the general issue before us: whether the commissioner properly concluded that the plaintiff’s injury was one not “arising out of and in the course of his employment” within the meaning of the Workmen’s Compensation Act. In holding that the commissioner erred in reaching this conclusion, the majority has formulated a “new and expanded test for *557oases like the present one.” I believe the “new and expanded test” which the majority has adopted in defining “incidental to employment” is an overly broad one, will be difficult to apply…

2Cases cited27 opinions

  1. Matter of Leonbruno v. . Champlain Silk MillsNew York Court of Appeals · 1920
  2. Mann v. Glastonbury Knitting Co.Supreme Court of Connecticut · 1916
  3. Stakonis v. United Advertising CorporationSupreme Court of Connecticut · 1930
  4. Smith v. Seamless Rubber Co.Supreme Court of Connecticut · 1930
  5. Tocci v. Tessler & Weiss, Inc.Supreme Court of New Jersey · 1959

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