Mansfield v. General Adjustment Bureau

• Decision Date: 02 November 1967
• Citation: 285 N.Y.S.2d 854,232 N.E.2d 852,20 N.Y.2d 881
• Parties: , 232 N.E.2d 852 In the Matter of the Claim of Barbara A. MANSFIELD, Respondent, v. GENERAL ADJUSTMENT BUREAU et al., Appellants. Workmen's Compensation Board, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 854

285 N.Y.S.2d 854

20 N.Y.2d 881, 232 N.E.2d 852

In the Matter of the Claim of Barbara A. MANSFIELD, Respondent, v. GENERAL ADJUSTMENT BUREAU et al., Appellants Workmen's Compensation Board, Respondent.

Court of Appeals of New York.

Nov. 2, 1967.

Appeal from Supreme Court, Appellate Division, Third Department, 27 A.D.2d 783, 277 N.Y.S.2d 224.

Kenneth K. Floyd and Philip J. Caputo, New York City, for appellants.

Louis J. Lefkowitz, Atty. Gen. (Henriette B. Frieder, New York City, Ruth Kessler Toch, Albany, and Daniel Polansky, New York City, of counsel), for Workmen's Compensation Board, respondent.

Proceeding was brought to recover disability compensation and death benefits.

According to the evidence the deceased employee was employed as an insurance adjuster by firm engaged in business of investigation and adjustment of insurance claims for fire damaged dwellings. The main office of the employer was located on John Street in the City of New York. The deceased employee resided at Rockway Beach in Queens County and was assigned to the employer's Brooklyn office located at 837 Flatbush Avenue in the Borough of Brooklyn. The deceased employee was classified as a 'field employee' and, as an incident to his duties, was required to call on policyholders and to visit, investigate, and inspect buildings where fires had occurred. He had no regular hours of employment. The employer supplied him with an automobile, paid all of his expenses for the automobile, and permitted him to use the automobile for personal uses for a minimal charge of $5 a month. On October 4, 1963 deceased employee, after making business calls for his employer, attended a dinner held at restaurant in Queens Village, New York, and given by employees of employer's branch offices in honor of two coemployees. The cost of the dinner was billed to the employer, but the expense of the dinner was shared equally by all who attended. The deceased employee, while driving the employer's automobile directly to his home after the dinner at about 4:00 A.M., was involved in an unwitnesses automobile accident near his home and died as a result of the accident on October 14, 1963.

The Workmen's Compensation Board rendered a decision awarding disability compensation and death benefits.

The Appellate Division entered an order February 17, 1967 which unanimously affirmed the decision of the Board.

The employer and its insurance carrier appealed to the Court of Appeals by permission of the Court of Appeals, contending that deceased employee did not sustain an accidental injury arising out of and in course of his employment. The Board contended in the Court of Appeals that substantial evidence...