MATTER OF GRAY v. LYONS TRANSP.


179 A.D.2d 985 (1992)

In the Matter of the Claim of Paul M. Gray, Respondent, v. Lyons Transportation et al., Appellants. Workers' Compensation Board, Respondent

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

January 30, 1992


Mahoney, J.

Claimant, a truck driver for the employer, had been laid off since 1982 and was thereafter called in to work on an as-needed basis. Pursuant to an employment contract, claimant was allowed to refuse a call to work; if he accepted, however, he had to report to the employer's terminal facility within two hours. On November 12, 1986, at 3:55 A.M., the employer's dock supervisor called claimant in to...

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