Summary
In Boehm v. D.A. Sokol Hall Holding Corp., 274 App. Div. 954, 83 N.Y.S.2d 729 (1948) compensation was allowed to a porter who was paid for his regular hours of employment but who was injured while working after hours for which he received only refreshments as compensation. This authority seems to fall in that class of cases in which compensation is allowed for injuries during uncompensated after-hours work on the ground that a compensated employee should not be deprived of protection as a penalty for willingness to do extra work without extra compensation.
Summary of this case from Hill v. KingOpinion
November 17, 1948.
Appeal from Workmen's Compensation Board.
Present — Hill, P.J., Heffernan, Foster, Russell and Deyo, JJ.
The appeal is based solely on the ground that at the time of the accidental injury there was no relationship of employee and employer between the decedent and alleged employer. Decedent was employed as a casual porter. The accident happened after his regular hours of employment had terminated, but there was proof that he often performed some services after hours and received remuneration therefor by way of refreshments. The board found that such consideration was sufficient to support the relationship of employee and employer. Award unanimously affirmed, with costs to the Workmen's Compensation Board.