Claim of Sarriera v. Axel Electronics, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHerlihy, J.
Appeal from a decision of tbe Workmen’s Compensation Board in favor of tbe claimant and a subsequent decision awarding benefits. Tbe board reversed tbe decision of the Referee disallowing tbe claim as not arising out of and in tbe course of employment and remanded to tbe Referee who, in turn, made an award. The facts are not in dispute. Tbe claimant in charge of the operation of an impregnator oven, while waiting for materials to be processed and taken out of tbe oven, became involved in a friendly discussion with a fellow employee over the latter’s weight “getting kind of heavy”, whereupon…
2Cases cited7 opinions
- Matter of Leonbruno v. . Champlain Silk MillsNew York Court of Appeals · 1920
- Matter of Heitz v. . RuppertNew York Court of Appeals · 1916
- Matter of Industrial Comr. (Siguin) v. McCarthyNew York Court of Appeals · 1946
- Matter of Ognibene v. Rochester Manufacturing Co.New York Court of Appeals · 1948
- Claim of Redner v. H. C. Faber & SonNew York Court of Appeals · 1918
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3Cited by1 opinion
- Christey v. GelyonAppellate Division of the Supreme Court of the State of New York · 1982