Claim of Smith v. United States Trucking Corp.
Opinion of the Court
Appeal from a decision of the Workers' Compensation Board, filed December 14, 1977. The facts in this case are not disputed. Claimant was employed as a rigging chauffeur and sustained injuries after he slipped and fell on the sidewalk during his lunch break on January 7, 1977. On that date, at approximately 11:30 a.m., claimant’s foreman suggested that they go for lunch and discuss the method they would use for installing a particularly heavy piece of equipment. While claimant, the foreman and a coworker walked down the street away from the job site and discussed the problem, claimant fell and injured himself. The board, in affirming an award in favor of claimant, found that the injury occurred within the course of employment and the employer appeals therefrom. The general rule concerning lunchtime injuries is that when an employee with a fixed time and place of work has left the premises for lunch, he is outside the course of his employment (Matter of Jamison v New York State Temporary Comm, on Agric., 308 NY 683; Matter of Guzman v Victor Mach. Exch., 61 AD2d 871).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.