MATTER OF MAROTTA v. TOWN AND COUNTRY ELECTRIC, INC.


51 A.D.3d 1126 (2008)

857 N.Y.S.2d 340

In the Matter of the Claim of JOHN J. MAROTTA, Appellant, v. TOWN AND COUNTRY ELECTRIC, INC., et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided May 1, 2008.


Spain, J.

On the morning of March 14, 2005, claimant—an electrician and covered salaried co-owner of the employer—reported to work at 7:55 A.M., discussed work plans for the week with his partner, and loaded his work truck with supplies and materials. He then drove to the site of his assigned electrical job. On the direct route to the job site, claimant went to a drive-through window to purchase coffee and a muffin and, when he reached for his money...

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