Opinion
March 16, 1949.
Present — Foster, P.J., Brewster, Deyo, Santry and Bergan, JJ. [See post, p. 972.]
Appeal from an award of death benefits and from an order denying a rehearing. Deceased was an outside worker employed as a salesman-collector, working out of his employer's Binghamton office. He died as the result of injuries sustained in an automobile accident while en route to Binghamton following a week end at his home in Penn Yan. Even though it be assumed that deceased was on his way to his employer's office to pick up route cards covering the day's business he was not required to do so. His Monday territory lay between the scene of the accident and Binghamton and it is established that he frequently, if not regularly, called on customers en route and on occasions covered an entire route without first obtaining the cards. Furthermore he had been engaged in the business of his employer over the week end and at the time of the accident had in his possession merchandise, account cards and even money which belonged to his employer and for which he was responsible as an incident of his employment. The gasoline used to propel his automobile on his week-end trip was supplied by his employer. All of these factors are indicative of, and their accumulative effect is sufficient to sustain, the finding that claimant had entered upon and was engaged in the regular course of his employment at the time of the accident. Award and order unanimously affirmed, with costs to the Workmen's Compensation Board.