MATTER OF MEDINA v. SHORE RD. HOSP.


4 A.D.2d 974 (1957)

In the Matter of the Claim of Martin Medina, Respondent, v. Shore Road Hospital et al., Appellants. Workmen's Compensation Board, Respondent

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

November 15, 1957


Claimant was employed as a waiter in a hospital. He also substituted for an assistant cook on the latter's day off. He was furnished a room and his meals on the premises but these arrangements were permissive only and he was not required to sleep or eat in the hospital and was not on call at any time except during his regular hours of duty. His injuries occurred, according to his testimony, while he was preparing to make lemonade for his personal refreshment. Appellants contend...

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