Claim of Deritis v. New Tech Energy Systems, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Rose, J.
Appeal from a decision of the Workers’ Compensation Board, filed January 4, 2002, which ruled that claimant’s accident arose out of and in the course of his employment.
Claimant, an outside employee who was also a co-owner and president of the employer, was seriously injured in a one-vehicle motorcycle accident as he was returning from a job site late in the evening of May 26, 2000. The employer’s workers’ compensation carrier controverted claimant’s claim for benefits on the ground, among others, that claimant’s accident did not arise out of or in the course of his employment. After…
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