Claim of Smith v. Clay Volunteer Fire Department

Appellate Division of the Supreme Court of New York

Claim of Smith v. Clay Volunteer Fire Department

60 A.D.2d 712, 400 N.Y.S.2d 590, 1977 N.Y. App. Div. LEXIS 14740

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

DecidedDecember 22, 1977

StatusPublished

This text of 60 A.D.2d 712 (Claim of Smith v. Clay Volunteer Fire Department) 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 Smith v. Clay Volunteer Fire Department, 60 A.D.2d 712, 400 N.Y.S.2d 590, 1977 N.Y. App. Div. LEXIS 14740 (N.Y. Ct. App. 1977).

Pincite

Opinion

Appeals from decisions of the Workmen’s Compensation Board, filed February 5, 1976 and March 3, 1977 which reversed a referee’s decision disallowing the claim and found that the accident occurred within the course of claimant’s duty as a volunteer fireman. The board found: "that claimant went to the field day and parade in connection with a volunteer fireman fund raising activity to engage in competitive contests and would be covered under Section 5 of the Volunteer Fireman’s Benefit Law including traveling there and back. There is no evidence that claimant deviated on his return trip home, and the accident did not occur solely because of intoxication.” There is substantial evidence to support the board’s determination. Decisions affirmed, with costs to the Workmen’s Compensation Board. Koreman, P. J., Greenblott, Kane, Larkin and Mikoll, JJ., concur.

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Appeals from decisions of the Workmen’s Compensation Board, filed February 5, 1976 and March 3, 1977 which reversed a referee’s decision disallowing the claim and found that the accident occurred within the course of claimant’s duty as a volunteer fireman. The board found: "that claimant went to the field day and parade in connection with a volunteer fireman fund raising activity to engage in competitive contests and would be covered under Section 5 of the Volunteer Fireman’s Benefit Law including traveling there and back. There is no evidence that claimant deviated on his return trip home, and the accident did not occur solely because of intoxication.” There is substantial evidence to support the board’s determination. Decisions affirmed, with costs to the Workmen’s Compensation Board. Koreman, P. J., Greenblott, Kane, Larkin and Mikoll, JJ., concur.

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Bluebook (online)

60 A.D.2d 712, 400 N.Y.S.2d 590, 1977 N.Y. App. Div. LEXIS 14740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-smith-v-clay-volunteer-fire-department-nyappdiv-1977.