MATTER OF MACALUSO v. ALEXANDER, SHUMWAY & UTZ CO.


11 A.D.2d 838 (1960)

In the Matter of the Claim of Louis Macaluso, Respondent, v. Alexander, Shumway and Utz Co. et al., Appellants. Workmen's Compensation Board, Respondent

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

July 12, 1960


The board's decision to the contrary was predicated upon the findings that, in addition to regular wages, claimant was paid $1 per day for transportation to his place of work (some 35-40 miles distant) and that such payment "was an inducement to obtain the necessary help." It is abundantly clear from direct testimony and inference alike that it was necessary but difficult for the employer to get workmen from a distance; that there was no public transportation available from...

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