MATTER OF PETRYLAK v. EVANS PLUMBING AND HEATING COMPANY, INC.


277 A.D.2d 621 (2000)

715 N.Y.S.2d 923

In the Matter of the Claim of the ESTATE OF MARK J. PETRYLAK, Deceased, Respondent, v. EVANS PLUMBING AND HEATING COMPANY, INC. et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided November 9, 2000.


Mercure, J. P.

Decedent and a co-worker were killed in a motor vehicle accident that occurred while they were returning home from a work site. Concluding that decedent, a plumber's apprentice, was an outside employee, the Workers' Compensation Board ruled that decedent was in the course of his employment at the time of the fatal accident and awarded workers' compensation benefits to his widow. The employer and its workers' compensation carrier appeal, contending that...

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