MATTER OF MEJIA

519484.

125 A.D.3d 1041 (2015)

In the Matter of the Claim of VICTOR M. MEJIA, Respondent. METROPOLITAN CABLE COMMUNICATIONS INC., Appellant. COMMISSIONER OF LABOR, Respondent.

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

Decided February 5, 2015.


Claimant worked as a technician for the employer, a cable installation contractor, for five years. The employer allowed technicians to use their own personal vehicles for work and they received extra compensation for doing so. It also had a policy prohibiting technicians from having anyone in their vehicles during the course of the work day without authorization. On September 8, 2011, claimant reported to work driving his own personal vehicle with his wife as a passenger...

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