Legal Opinion

Claim of Jamison v. New York State Temporary Commission on Agriculture

New York Court of Appeals

Decided December 31, 1954PublishedCited by 3 opinions

1Per curiam

This award cannot be sustained, since there is

nothing to take the case out of the settled rule that an employee injured while away from his employer’s premises and while going to or from lunch is not entitled to workmen’s compensation except in special circumstances not shown here (Matter of Johnson v. Smith, 263 N. Y. 10, 13; Matter of Weir v. Board of Educ., 282 N. Y. 709; Matter of Layton v. Spear & Co., 287 N. Y. 610; 1 Larson on Workmen’s Compensation Law, §§ 15.51, 15.52, 21.23). The record here, unlike that in Matter of Manville v. New York State Dept. of Labor (294 N. Y. 1), contains…

2Cases cited4 opinions

  1. Matter of Johnson v. SmithNew York Court of Appeals · 1933
  2. Claim of Manville v. New York State Department of LaborNew York Court of Appeals · 1944
  3. Matter of Layton v. Spear CompanyNew York Court of Appeals · 1941
  4. Matter of Weir v. Board of Education, Sch. Dist. No. 10New York Court of Appeals · 1940

3Cited by3 opinions

  1. Claim of Harford v. Widensky's, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
  2. Claim of Carroll v. ProvenzanoAppellate Division of the Supreme Court of the State of New York · 1965
  3. Jamison v. NEW YORK STATE TEMP. COMM'N ON AGRIC.New York Court of Appeals · 1954

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