Collier v. Nassau County
| Decision Date | 18 December 1974 |
| Citation | 362 N.Y.S.2d 52,46 A.D.2d 970 |
| Parties | Claim of John COLLIER, Respondent, v. COUNTY OF NASSAU, Appellant, Workmen's Compensation Board, Respondent. |
| Court | New York Supreme Court — Appellate Division |
John F. O'Shaughnessy, Nassau County Atty., Mineola, for appellant.
Louis J. Lefkowitz, Atty. Gen. (Morris N. Lissauer, New York City, of counsel), for respondentWorkmen's Compensation Board.
Richard Hartman, Mineola, for respondent Collier (no appearance).
Before STALEY, J.P., and COOKE, SWEENEY, MAIN and REYNOLDS, JJ.
Appeal by the self-insured employer from a decision of the Workmen's Compensation Board, filed March 28, 1974.
On November 28, 1972claimant, a sergeant in the Nassau County Police Department, was injured in an automobile accident while traveling home after completing his tour of duty at 5:00 P.M.The accident happened at 5:10 P.M. as claimant was a passenger with two other policemen in a vehicle owned by the employer.The vehicle was assigned to a unit and claimant had used it for six months to go to and from his home.Claimant and three other policemen had use of the car for their convenience to drive to their homes and back again.On occasions, claimant would be assigned to work in the field at which times he would drive directly from his home to the particular assignment area.Claimant and all members of the police department were subject to recall when off duty.
Appellant contends that claimant's injury was incurred while he was off duty and that his injury did not arise out of or in the course of his employment.The board held that 'the employer provided transportation for the claimant in the form of a car, to and from his place of work and the accident happened before the claimant arrived home.'Where the use of the...
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Wolland v. Industrial Commission, 54969
...Compensation Appeal Board v. DelCimmuto (1976), 23 Pa.Commw.Ct. 43, 350 A.2d 459 (uniformed security guard); Collier v. County of Nassau (1974), 46 App.Div.2d 970, 362 N.Y.S.2d 52; Director of Finance v. Alford (1973), 270 Md. 355, 311 A.2d 412 (officer called to work in emergency); Warg v.......
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City of Sherwood v. Lowe, CA81-300
...station with minimum delay in the event of need, as required by the regulations. (336 N.Y.S.2d at p. 739). In Collier v. County of Nassau, 46 A.D.2d 970, 362 N.Y.S.2d 52 (1974), the police officer was covered by workers' compensation when he had an automobile accident on his way home from w......
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Love v. Vill. of Pleasantville
...92 ; Matter of De Jesus v. New York State Police, 95 A.D.2d at 455–456, 467 N.Y.S.2d 916 ; compare Matter of Collier v. County of Nassau, 46 A.D.2d 970, 970, 362 N.Y.S.2d 52 [1974] ; Matter of Juna v. New York State Police, 40 A.D.2d 742, 742, 336 N.Y.S.2d 738 [1972] ). Accordingly, we find......
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Hill v. Speckard
...employment and an injury occurring during that operation arose out of and in the course of employment (Matter of Collier v. County of Nassau, 46 A.D.2d 970, 362 N.Y.S.2d 52). The undisputed facts of the instant case establish that, as part of statewide departmental policy, the State provide......