Martinez v. Stoller

Decision Date13 August 1981
Docket NumberNo. 5073,5073
Citation96 N.M. 571,632 P.2d 1209,1981 NMCA 92
PartiesCharlotte R. MARTINEZ, Plaintiff-Appellant, v. Bob STOLLER, d/b/a Union Bus Depot, and Transamerica Insurance Company, Workmen's Compensation Insurance Carrier, Defendants-Appellees.
CourtCourt of Appeals of New Mexico
Roberto C. Armijo, Las Vegas, for plaintiff-appellant.

SUTIN, Judge.

Plaintiff appeals a summary judgment granted defendants in a workmen's compensation case. We reverse.

Plaintiff was employed in defendant's restaurant as a waitress, dishwasher and she cleaned tables. On October 16, 1979, a day off work, plaintiff went to the restaurant to pick up her paycheck. It was defendant's practice to place paychecks in the cash register for employees to pick up. It was customary for plaintiff and other employees to pick up paychecks if payday fell on a day that they did not otherwise work. Upon arrival, one of the waitresses gave plaintiff her check. After receiving her check, plaintiff took about three steps toward the kitchen to pick up a pair of work shoes that needed repair. She fell down and suffered an accidental injury.

It has long been the rule that an employee who comes upon the premises on a off day to receive a paycheck, which is a requirement or custom established by the employer, and is injured while on the premises for that purpose, sustains the injury while in the course of employment. Texas General Indemnity Company v. Luce, 491 S.W.2d 767 (Tex.Civ.App.1973); Singleton v. Younger Brothers, Inc., 247 So.2d 273 (La.App.1971); Elmer E. Stockman Jr., Const. Co. v. Industrial Com'n, 463 S.W.2d 610 (Mo.App.1971); Parrott v. Industrial Commission of Ohio, 145 Ohio St. 66, 60 N.E.2d 660 (1945); Griffin v. Acme Coal Co., 161 Pa.Super. 28, 54 A.2d 69 (1947); Consolidated Engineering Co. v. Feikin, 188 Md. 420, 52 A.2d 913 (1947); 1A Larson's Workmen's Compensation Law, § 26.30 (1979).

At the time plaintiff received her check, she was in the course of her employment. The only remaining question is:

Was plaintiff in the course of her employment after she received her check?

This is an issue of fact for the trial court to determine.

Summary judgment is reversed. Costs of this appeal to be paid by defendants.


WOOD and LOPEZ, JJ., concur.

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  • Livering v. Richardson's Restaurant
    • United States
    • Maryland Court of Appeals
    • May 9, 2003
    ...553, 554 (1988); Elmer E. Stockman, Jr., Constr. Co. v. Indus. Comm., 463 S.W.2d 610, 613 (Mo.Ct.App. 1971); Martinez v. Stoller, 96 N.M. 571, 632 P.2d 1209, 1210 (1981); Parrott v. Indus. Comm. of Ohio, 145 Ohio St. 66, 60 N.E.2d 660, 663 (1945); St. Anthony Hospital v. James, 889 P.2d 127......
  • St. Anthony Hosp. v. James
    • United States
    • United States State Court of Criminal Appeals of Oklahoma. Court of Civil Appeals of Oklahoma
    • December 20, 1994
    ... ... provided by the act when worker is at his place of employment to pick up his check because being paid for work is part of worker's duties; Martinez v. Stoller, 96 N.M. 571, 632 P.2d 1209 (N.M.App.1981), employee, on his day off, coming to employer's premises by custom or requirement to be paid, ... ...
  • Hoffman v. WCAB (Westmoreland Hosp.)
    • United States
    • Pennsylvania Supreme Court
    • December 23, 1999
    ...and is compensable); Dunlap v. Clinton Valley Center, 169 Mich.App. 354, 425 N.W.2d 553, 554 (1988); Martinez v. Stoller, 96 N.M. 571, 632 P.2d 1209, 1210 (N.M.App.1981). But see McCoy v. Texas Employers Ins. Ass'n, 791 S.W.2d 347 ...
  • Hirschle v. Mabe, 2009 Ohio 1949 (Ohio App. 4/27/2009)
    • United States
    • Ohio Court of Appeals
    • April 27, 2009
    ...the course of employment who was injured on employer's premises after returning solely to pick up her paycheck); Martinez v. Stoller (N.M.App.1981), 96 N.M. 571, 632 P.2d 1209; St. Anthony Hosp. v. James, 889 P.2d 1279, 1994 OK Civ.App. 176 (finding an injury compensable that occurred on em......
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