MATTER OF DURKEE v. ATL. REF. CO.


27 A.D.2d 773 (1967)

In the Matter of the Claim of John F. Durkee, Respondent, v. Atlantic Refining Co. et al., Appellants. Workmen's Compensation Board, Respondent

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

February 10, 1967


HERLIHY, J.

The facts as set forth in the board memorandum of decision are not disputed by the appellants. It appears that the claimant checked his employer's service stations in the Syracuse area. The claimant had no fixed hours of employment and he was paid mileage by the employer from the time he left home until he returned thereto. On September 19, 1963 the claimant started for work at 7:00 A.M. and during the day checked service stations until about...

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