Reid v. New York State Dept. of Correctional Services

• Decision Date: 21 October 1976
• Citation: 54 A.D.2d 83,387 N.Y.S.2d 589
• Parties: Claim of Clarence REID, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents, Workmen's Compensation Board, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 589

387 N.Y.S.2d 589

54 A.D.2d 83

Claim of Clarence REID, Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents Workmen's Compensation Board, Respondent.

Supreme Court, Appellate Division, Third Department.

Oct. 21, 1976.

William E. Hellerstein, New York City (Warren H. Richmond, III, New York City, of counsel), for appellant, The Legal Aid Society Prisoners' Rights Project

Peter M. Pryor, New York City (Joseph F. Manes, New York City, of counsel), for State Insurance Fund, respondent.

Louis J. Lefkowitz, Atty. Gen., New York City, for Workmen's Compensation Board, respondent.

Before SWEENEY, J.P., and MAIN, LARKIN, HERLIHY and REYNOLDS, JJ.

OPINION FOR AFFIRMANCE

LARKIN, Justice.

Claimant, a prisoner at the Great Meadow Correctional Facility, injured in 1973 while working in a carpentry shop at the prison, filed a claim for Workmen's Compensation. The Referee's decision, disallowing the claim because no employee-employer relationship existed, was affirmed by the Workmen's Compensation Board and this appeal ensued.

The issue is whether inmates confined to penal institutions in New York State are entitled to Workmen's Compensation benefits for injuries sustained while they are working within a Department of Correctional Services penal institution.

The Commissioner of Correction may cause prison inmates to be employed. The employment, however, may be only for the production of supplies and materials for the sole use of the State and its subdivisions. The Commissioner may not contract the use of convict labor to private parties nor sell the products of convict labor to private parties. The prisoners are paid a small stipend for their labor (N.Y.Const., art. 3, § 24; Correction Law, §§ 171, 183, 187). Inmates in New York State Correctional facilities are free to refuse employment.

While there is no direct case in point in New York State, other states have considered whether prisoners are entitled to Workmen's Compensation for injuries sustained while working as inmates and those states have denied Workmen's Compensation (Watson v. Industrial Commission, 100 Ariz. 327, 414 P.2d 144; Keeney v. Industrial Commission, 24 Ariz.App. 3, 535 P.2d 31; Kroth v. Oklahoma State Penitentiary, 408 P.2d 335 (Okl.); Murray County v. Hood, 163 Okl. 167, 21 P.2d 754; Shain v. Idaho State Penitentiary, 77 Idaho 292, 291 P.2d 870; Miller v. City of Boise, 70 Idaho 137, 212 P.2d 654; Frederick v. Men's Reformatory, 203 N.W.2d 797 (Iowa); Jones v. Houston Fire & Cas. Ins. Co., 134 So.2d 377 (La.App.); Tackett v. Lagrange Penitentiary, 524 S.W.2d 468 (Ky.); Abrams v. Madison County Highway Dept., 495 S.W.2d 539 (Tenn.); Lawson v. Travelers' Ins. Co., 37 Ga.App. 85, 139 S.E. 96; Case of Greene, 280 Mass. 506, 182 N.E. 857; Schraner v. State Dept. of Correction, 135 Ind.App. 504, 189 N.E.2d 119; Goff v. Union County, 26 N.J.Misc. 135, 57 A.2d 480).

In one Arizona case in which a prisoner was granted compensation benefits, the inmate in question was injured while working for a private corporation. The private corporation had exclusive control over the prisoner and there was no supervision by law enforcement officials (Johnson v. Industrial Commission, 88 Ariz. 354, 356 P.2d 1021).

In another case, a county jail inmate was 'loaned out' to a city to work on a sewage plant and the court said that there was an implied contract of hire (Pruitt v. Workmen's Compensation Appeals Bd., 261 Cal.App.2d 546, 68 Cal.Rptr. 12). California provides by legislation that the State Highway Commission may 'employ' prisoners and compensate them, but the enabling statutes specifically except prisoners working for the Highway Commission from Workmen's Compensation benefits (Cal.Penal Code, § 2766 (West, 1970); Cal.Labor Code, § 3352, subd. (e) (West, 1971)).

Recently the Appellate Division, Second Department, considering whether inmates are employees in a different...