Claim of O'Brien v. Metropolitan Life Insurance

Appellate Division of the Supreme Court of New York

Claim of O'Brien v. Metropolitan Life Insurance

39 A.D.2d 990, 333 N.Y.S.2d 450, 1972 N.Y. App. Div. LEXIS 4238

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

DecidedJune 21, 1972

StatusPublished

This text of 39 A.D.2d 990 (Claim of O'Brien v. Metropolitan Life Insurance) 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 O'Brien v. Metropolitan Life Insurance, 39 A.D.2d 990, 333 N.Y.S.2d 450, 1972 N.Y. App. Div. LEXIS 4238 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal from a decision of the Workmen’s Compensation Board, filed August 11, 1971. Decedent, claimant’s husband, was an associate manager of an office of the appellant insurance company. His duties [991]*991consisted of selling insurance as well as training recruits both in the office and in the field. He also worked at his home. On the day of his death decedent and one of his trainees had an appointment with a client in Brooklyn. They left the office about 6:00 p.m. in the decedent’s car and returned to the office at about 8:00 p.m. About 8:30 p.m. the decedent telephoned his wife and advised her that he had to make some business telephone calls and that he would be home shortly thereafter and would make further business calls at home. He left the office shortly thereafter and, while only a short distance from his home, he was killed in an automobile accident. In awarding death benefits to his widow and to the posthumous child of the marriage, the majority of the board’s panel determined that “decedent was an outside worker as well as an inside worker on the day of the accident, that there was no deviation from employment and that decedent, was covered enroute home ”. Substantial evidence supports the determination of the board (Matter of Weisberg v. White Eagle Bakery, 28 A D 2d 1030; see Matter of Hille v. Gerard Records, 23 N Y 2d 135). Decision affirmed, with costs to the Workmen’s Compensation Board. Herlihy, P. J., Staley, Jr., G-reenblott, Sweeney and Reynolds, JJ., concur.

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Appeal from a decision of the Workmen’s Compensation Board, filed August 11, 1971. Decedent, claimant’s husband, was an associate manager of an office of the appellant insurance company. His duties [991]*991consisted of selling insurance as well as training recruits both in the office and in the field. He also worked at his home. On the day of his death decedent and one of his trainees had an appointment with a client in Brooklyn. They left the office about 6:00 p.m. in the decedent’s car and returned to the office at about 8:00 p.m. About 8:30 p.m. the decedent telephoned his wife and advised her that he had to make some business telephone calls and that he would be home shortly thereafter and would make further business calls at home. He left the office shortly thereafter and, while only a short distance from his home, he was killed in an automobile accident. In awarding death benefits to his widow and to the posthumous child of the marriage, the majority of the board’s panel determined that “decedent was an outside worker as well as an inside worker on the day of the accident, that there was no deviation from employment and that decedent, was covered enroute home ”. Substantial evidence supports the determination of the board (Matter of Weisberg v. White Eagle Bakery, 28 A D 2d 1030; see Matter of Hille v. Gerard Records, 23 N Y 2d 135). Decision affirmed, with costs to the Workmen’s Compensation Board. Herlihy, P. J., Staley, Jr., G-reenblott, Sweeney and Reynolds, JJ., concur.

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Bluebook (online)

39 A.D.2d 990, 333 N.Y.S.2d 450, 1972 N.Y. App. Div. LEXIS 4238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-obrien-v-metropolitan-life-insurance-nyappdiv-1972.