MATTER OF DERELLO v. WYNDHAM POUGHKEEPSIE HOTEL


195 A.D.2d 901 (1993)

600 N.Y.S.2d 855

In the Matter of the Claim of Hyatt Derello, Respondent, v. Wyndham Poughkeepsie Hotel et al., Appellants. Workers' Compensation Board, Respondent

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

July 29, 1993


Mercure, J.

Claimant, a doorman and driver for Wyndham Poughkeepsie Hotel (hereinafter the employer), sustained serious injuries shortly after midnight on December 25, 1987 when he was involved in an accident after driving a coemployee, Gigi Battle, home in the employer's shuttle van. Although there is no question that claimant was engaged in a legitimate business errand when he drove Battle home, it is the position of the employer that claimant thereafter...

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