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Matter of Guzman v. Victor Machinery Exchange

Appellate Division of the Supreme Court of New York, Third Department
Feb 16, 1978
61 A.D.2d 871 (N.Y. App. Div. 1978)

Summary

In Guzman v. Victor Mach. Exch., 61 App. Div.2d 871, 402 N YS.2d 237 (1978), the employee left the employer's building and proceeded along a public sidewalk parallel to the building for about five steps.

Summary of this case from ITT Continental Baking Co. v. Schneider

Opinion

February 16, 1978


Appeals from decisions of the Workmen's Compensation Board, filed July 9, 1976 and February 11, 1977, respectively, which found that claimant's accidental injury arose out of and in the course of her employment and awarded her benefits. Claimant, a bookkeeper, after eating her lunch on the premises, came out of the building, made a right-hand turn, walked approximately five feet and met with an accident. She sustained serious internal injuries. The record further reveals that as claimant walked parallel to the building on the sidewalk she came to a concrete freight loading platform where her way was blocked by a truck backed up on the sidewalk with its tailgate down on the platform. After the tailgate was raised she mounted the step of the loading platform endeavoring to cross over when the tailgate fell, pinning her on the platform step. The platform was used in common by claimant's employer and other tenants of the building for deliveries. The board found that claimant was within the precincts of her employment and the truck dock was a hazard of her employment and the claimant sustained an accident arising out of and in the course of employment. As a general rule, an inside employee would not be within the course of his employment when off the premises during his lunch hour. There are, however, exceptions. On the instant record, we are of the view that the board could properly find that claimant sustained an accident arising out of and in the course of her employment (Matter of Husted v Seneca Steel Serv., 41 N.Y.2d 140; Matter of Starace v International Term. Operating Co., 39 A.D.2d 613). Decisions affirmed, with costs to the Workmen's Compensation Board. Mahoney, P.J., Greenblott, Sweeney, Staley, Jr., and Mikoll, JJ., concur.


Summaries of

Matter of Guzman v. Victor Machinery Exchange

Appellate Division of the Supreme Court of New York, Third Department
Feb 16, 1978
61 A.D.2d 871 (N.Y. App. Div. 1978)

In Guzman v. Victor Mach. Exch., 61 App. Div.2d 871, 402 N YS.2d 237 (1978), the employee left the employer's building and proceeded along a public sidewalk parallel to the building for about five steps.

Summary of this case from ITT Continental Baking Co. v. Schneider
Case details for

Matter of Guzman v. Victor Machinery Exchange

Case Details

Full title:In the Matter of the Claim of LYDIA GUZMAN, Respondent, v. VICTOR…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Feb 16, 1978

Citations

61 A.D.2d 871 (N.Y. App. Div. 1978)

Citing Cases

Matter of Smith v. United States Trucking

The board, in affirming an award in favor of claimant, found that the injury occurred within the course of…

ITT Continental Baking Co. v. Schneider

Freire, at 13. In Guzman v. Victor Mach. Exch., 61 App. Div.2d 871, 402 N YS.2d 237 (1978), the employee left…