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MATTER OF FLO v. GEN. ELEC. CO.

3 A.D.2d 357 (1957)

In the Matter of the Claim of Freda A. Flo, Respondent, v. General Electric Company et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 21, 1957.

Attorney(s) appearing for the Case

Joseph H. Murphy and William H. Barnes for appellants.

Anthony J. Fernicola for claimant-respondent.

Louis J. Lefkowitz, Attorney-General (John J. Quinn and Roy Wiedersum of counsel), for Workmen's Compensation Board, respondent.

FOSTER, P. J., COON and GIBSON, JJ., concur with HALPERN, J.; BERGAN, J., dissents, in a memorandum.

HALPERN, J.

The question presented is whether the disability of the claimant occurred "during employment" within the meaning of the Disability Benefits Law (Workmen's Compensation Law, art. 9) notwithstanding the fact that she was on a maternity leave of absence without pay, at the time she became disabled through illness.

The claimant had been in the employ of the appellant General Electric Company for...

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