Summary
In Raimone v. Fligelman, 245 App. Div. 780, 280 N.Y.S. 928 (1935), an injury sustained by a painter who had been working away from his employer's plant, who had finished one job and had gone to take tools home and to get some brushes for the next job, who while at home also had lunch and then started for the second job, and who was injured on his way, his injury was held compensable as arising out of and in the course of employment.
Summary of this case from Lacy v. GrinsteinnerOpinion
June, 1935.
Present — Hill, P.J., Rhodes, McNamee, Crapser and Bliss, JJ.
Appeal by employer and carrier from an award of compensation for temporary disability. Claimant, who was paid by the day and was working on painting jobs away from employer's plant, had finished one job and gone to take some tools home and to get some brushes for the next job. While at home he also had his lunch. He then started for the second job and while on his way was injured. Industrial Board has found that the accident arose out of and in the course of his employment. Award unanimously affirmed, with costs to the State Industrial Board.