IN THE MATTER OF THE CLAIM OF COWAN


23 A.D.3d 815 (2005)

803 N.Y.S.2d 319

In the Matter of the Claim of WILLIAM M. COWAN, Appellant. COMMISSIONER OF LABOR, Respondent.

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

November 10, 2005.


Claimant worked as a customer service representative delivering oxygen to the employer's clients and servicing equipment. As part of his duties, he was required at certain times to remain on call overnight to respond to customer calls. He was scheduled to be on call during the evening of November 26, 2003 continuing through the morning of November 27, 2003. Claimant, however, admittedly failed to respond to the employer's attempts to contact him during his on-call hours because...

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