Young v. Henry M. Young, Inc.
| Decision Date | 03 March 1977 |
| Citation | 392 N.Y.S.2d 502,56 A.D.2d 941 |
| Parties | Claim of Henry M. YOUNG, Respondent, v. HENRY M. YOUNG, INC., et al., Appellants, Workmen's Compensation Board, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Caputo & Capobianco, New York City (Philip J. Caputo, New York City, of counsel), for appellants.
Louis J. Lefkowitz, Atty. Gen. (Harry Rackow, New York City, of counsel), for respondent Workmen's Compensation Bd.
Kurt Seinfeld, New York City, for respondent Young.
Before GREENBLOTT, J.P., and SWEENEY, MAIN, LARKIN and HERLIHY, JJ.
Appeal from a decision of the Workmen's Compensation Board, filed November 27, 1974, which held that claimant sustained an accidental injury arising out of and in the course of his employment.
Claimant was the president and his wife the secretary of a two-employee corporation. Claimant was required to go to Europe once or twice a year to visit his manufacturers. Prior to a May, 1972 business trip, claimant had written for and secured reservations at the Park Sanatorium, a resort in southern Germany. After concluding his business in Nuremburg on Friday, May 12th, claimant was a houseguest of one of his friends in Bavaria. On May 14th, claimant rented a car and drove to Berchtesgaden, a resort area, where he spent the night. The next day claimant continued his trip to the Park Sanatorium in Meersburgh, Germany, where he had a reservation beginning May 15th. While enroute he was injured in an automobile accident.
On June 28, 1972, claimant's wife filed a claim on his behalf for disability benefits with the State of New York, which claim was rejected on the ground that the application indicated that the disability arose out of and in the course of his employment. Claimant then requested a review of his rejection and in support thereof submitted a statement:
Referring to item 9 on the reverse side, I would like to clarify the statement made on the claim form. Due to my injury, I was unable to write. Mrs. Young filled out the claim form, signed it and mailed it without showing it to me. Please note that my accident did not occur during any business activity. Quite to the contrary, I had finished all business on Friday May 12th. On Saturday, May 13th, 1972 I was a house guest of one of my friends in Bavaria, West Germany. On Sunday, May 14th at about 10:00 AM, I rented a car in Nuremberg and drove to Berchtesgaden which is a foremost resort. I spent the night at the Hotel zur Post in Berchtesgaden. The next morning, Monday May 15th I started out to continue my vacation trip. My ultimate destination was the Park Sanatorium located in Southern Germany in the Town of Meersburg, address--P.O. Box 57, 7758 Meersburg, West Germany (Director Spehl). I had a reservation there starting May 15th or 16th and intended to stay for a week to 10 days before returning home to New York.
Thereafter and on February 16, 1973 claimant filed a claim for workmen's compensation in which he stated he was injured while traveling. During his workmen's compensation hearing in November of 1973, claimant testified that the statement referred to above was a misunderstanding. The Referee concluded that the injury did not arise out of and in the course of claimant's employment and disallowed the claim. On appeal, the board, by split decision, reversed the Referee and found that claimant was required to travel on business to a distant place, that he was engaged in reasonable activity and that, under the...
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