Opinion
March 12, 1952.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Employer had a plumbing shop in Brooklyn. Claimant was employed as a plumber's helper and handyman. He did work where requested and occasionally did work at employer's home from which the plumbing business was carried on in substantial part, and in which the business records were kept and phone orders received. The declarations forming part of the insurance policy stated the location of business operations of the assured at the address of his shop " Elsewhere in N Y State". On the day of his injury claimant was directed by the employer to wash employer's car at his home address. Employer's daughter asked claimant to help pull a window down in the house, and while doing this claimant was injured. The claimant thus was injured within the State in literal conformity with the language of the policy, and it could be found on this record that he was engaged in hazardous work for the employer and in the employer's business. On the basis of an analysis of the authorities on the subject we have recently held that in such a situation there is coverage under the language of such a policy. ( Matter of Blenner v. Landis, Inc., 277 App. Div. 489, 496, motion for leave to appeal denied 302 N.Y. 947. ) Decision and award unanimously affirmed, with costs to the Workmen's Compensation Board.