MATTER OF WATSON v. AM. CAN


23 A.D.2d 423 (1965)

In the Matter of the Claim of Mae Watson, Respondent, v. American Can Company, Appellant. Workmen's Compensation Board, Respondent

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

July 13, 1965.


Attorney(s) appearing for the Case

Anne M. Powell and Joseph Dean Edwards for appellant.

Louis J. Lefkowitz, Attorney-General (Harry Rackow and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

J. J. Keenan for claimant-respondent.

GIBSON, P. J., HERLIHY and AULISI, JJ., concur with TAYLOR, J.; REYNOLDS, J., dissents, and votes to reverse, on the ground that claimant's injuries did not arise out of and in the course of employment.


TAYLOR, J.

A self-insured employer appeals from a decision and award of workmen's compensation on the ground that claimant's injuries did not arise out of and in the course of employment.

Claimant, employed as a matron in its plant, received a fixed weekly salary for her services which was paid by the check of the employer. Her daily half-hour lunch period began at 11:30 A.M. Having received her paycheck on the morning of June 8, 1961, which was...

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