Donnell v. Waccabuc Country Club
| Citation | 289 N.Y.S.2d 534,29 A.D.2d 1022 |
| Parties | Claim of Marie S. DONNELL, Respondent, v. WACCABUC COUNTRY CLUB et al., Appellants. Workmen's Compensation Board, Respondent. |
| Decision Date | 29 April 1968 |
| Court | New York Supreme Court Appellate Division |
Scribner & Miller, New York City, for respondent.
Kenneth T. Edson (Lawrence Feldman, New York City, of counsel), for appellants.
Louis J. Lefkowitz, Atty. Gen. , for Workmen's Compensation Board.
Before GIBSON, P.J., and HERLIHY, REYNOLDS, AULISI and GABRIELLI, JJ.
Appeal from a decision which awarded compensation for disability resulting from accidental injuries sustained in a motor vehicle accident, the sole issue being whether the injuries arose out of and in the course of the employment.
Claimant, employed as a lifeguard during the Summer months, reported for work at the beach at the employer's country club at 9:30 A.M. on an August day. It had been raining and was drizzling; there was no one on the beach; and when it began to rain again, claimant left to drive some two and one-half miles to her grandparents' home, where she was living for the Summer. The accident occurred on her way there. As appears from the uncontradicted testimony of claimant and that of her supervisor, the waterfront director, claimant proceeded in all respects in accordance with 'standing orders', as they were termed by the director, who testified that the lifeguards were permitted to leave when bad weather prevented the use of the beach facilities, but were required, 'in case the weather should clear up during the day * * * to stay where they could be called, could be reached'. Claimant testified that she left with the 'intention to follow the instructions to go home and stay by the telephone in case they called (her) to come back'; that the accident occurred during her regular work hours; and that she was paid for that time, her compensation being a flat sum for the season. The board properly found that
Directly in point if Matter of Duffy v. Levine, 275 App.Div. 735, 87 N.Y.S.2d 134, mot. for lv. to app. den. 299 N.Y. 798, 87 N.E.2d 689, in which was affirmed an award to a chauffeur who, after driving his employer to an office, to return at a specified hour, went to the house of a relative some distance away, the understanding being that the employer would telephone him there if he needed him...
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