Claim of Flanagan v. Ward Leonard Electric Co.

Appellate Division of the Supreme Court of New York

Claim of Flanagan v. Ward Leonard Electric Co.

274 A.D. 1081, 85 N.Y.S.2d 649, 1949 N.Y. App. Div. LEXIS 6147

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 19, 1949

StatusPublished

Cited by9 cases

This text of 274 A.D. 1081 (Claim of Flanagan v. Ward Leonard Electric Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Flanagan v. Ward Leonard Electric Co., 274 A.D. 1081, 85 N.Y.S.2d 649, 1949 N.Y. App. Div. LEXIS 6147 (N.Y. Ct. App. 1949).

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Opinion

This is an appeal by the employer and its insurance carrier from an award of compensation in favor of claimant. The employer was engaged in the business of manufacturing electrically controlled devices and claimant was employed as an electric solderer. On December 28, 1946, claimant reported for work at her employer’s premises. She attempted to enter the building but found the front door was locked. She then proceeded around the corner of the building to the rear entrance and, while approaching that entrance, she slipped and fell on an icy sidewalk immediately adjacent to the employer’s premises and sustained the injuries for which the award was made. The sole question on this appeal is whether claimant’s accident arose out of and in the course of her employment. The board found that it did. The proof sustains the finding. Claimant had actually reached her employer’s premises and was unable to obtain access through the door provided for entering the building. (Matter of Leatham v. Thurston & Braidich, 264 App. Div. 449, affd. 289 N. Y. 804; Matter of Manville v. New York State Dept, of Labor, 294 N. Y. 1; Matter of Meissner v. Good Samaritan Hospital, 271 App. Div. 1041.) Award unanimously affirmed, with costs to the Workmen’s Com[1082]*1082pensation Board. Present — Foster, P. J., Heffernan, Deyo, Santry and Bergan, JJ.

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This is an appeal by the employer and its insurance carrier from an award of compensation in favor of claimant. The employer was engaged in the business of manufacturing electrically controlled devices and claimant was employed as an electric solderer. On December 28, 1946, claimant reported for work at her employer’s premises. She attempted to enter the building but found the front door was locked. She then proceeded around the corner of the building to the rear entrance and, while approaching that entrance, she slipped and fell on an icy sidewalk immediately adjacent to the employer’s premises and sustained the injuries for which the award was made. The sole question on this appeal is whether claimant’s accident arose out of and in the course of her employment. The board found that it did. The proof sustains the finding. Claimant had actually reached her employer’s premises and was unable to obtain access through the door provided for entering the building. (Matter of Leatham v. Thurston & Braidich, 264 App. Div. 449, affd. 289 N. Y. 804; Matter of Manville v. New York State Dept, of Labor, 294 N. Y. 1; Matter of Meissner v. Good Samaritan Hospital, 271 App. Div. 1041.) Award unanimously affirmed, with costs to the Workmen’s Com[1082]*1082pensation Board. Present — Foster, P. J., Heffernan, Deyo, Santry and Bergan, JJ.

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Bluebook (online)

274 A.D. 1081, 85 N.Y.S.2d 649, 1949 N.Y. App. Div. LEXIS 6147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-flanagan-v-ward-leonard-electric-co-nyappdiv-1949.

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