MATTER OF DERITIS v. NEW TECH ENERGY SYSTEMS, INC.


306 A.D.2d 773 (2003)

761 N.Y.S.2d 536

In the Matter of the Claim of LOUIS DERITIS, Respondent, v. NEW TECH ENERGY SYSTEMS, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided June 26, 2003.


Rose, J.

Claimant, an outside employee who was also a co-owner and president of the employer, was seriously injured in a one-vehicle motorcycle accident as he was returning from a job site late in the evening of May 26, 2000. The employer's workers' compensation carrier controverted claimant's claim for benefits on the ground, among others, that claimant's accident did not arise out of or in the course of his employment. After several continuances, the case was set...

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