Claim of McFarland v. Lindy's Taxi, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKavanagh, J.
In August 2003, claimant, while employed as a taxi driver, was parked in a parking lot on a meal break when he was asked for assistance by a fellow motorist who had a dead battery. As claimant was placing jumper cables on the battery, the battery exploded, causing claimant to lose his left eye. A Workers’ Compensation Law Judge ruled that claimant’s assistance of the stranded motorist was a personal act, outside the scope of his employment, and therefore his injury was not an accident within the meaning of Workers’ Compensation Law § 10 and disallowed the claim. The Workers’ Compensation…
2Cases cited12 opinions
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