MATTER OF McFARLAND v. LINDY'S TAXI, INC.


49 A.D.3d 1111 (2008)

853 N.Y.S.2d 743

In the Matter of the Claim of ARGAY McFARLAND, Respondent, v. LINDY'S TAXI, INC., et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided March 27, 2008.


Kavanagh, J.

In August 2003, claimant, while employed as a taxi driver, was parked in a parking lot on a meal break when he was asked for assistance by a fellow motorist who had a dead battery. As claimant was placing jumper cables on the battery, the battery exploded, causing claimant to lose his left eye. A Workers' Compensation Law Judge ruled that claimant's assistance of the stranded motorist was a personal act, outside the scope of his employment, and therefore...

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