25 A.D.2d 457 | N.Y. App. Div. | 1966
Appeal by the employer and carrier from a decision of the Workmen’s Compensation Board awarding the claimant compensation. On January 21, 1964, the claimant, a school teacher, had parked her automobile in the parking area of the Knights of Columbus located at the rear
The application for review — and appellant’s position here — is the contention “ that the claimant had not yet reported for duty and hence was not in the course of her employment, at the time the injury occurred.” A review of the record justifies a finding that some of the teachers, including those in a supervisory capacity, had discussed parking their automobiles at the K of C lot, had requested and obtained permission to park, and on occasions taken up a collection among themselves for the benefit of the fraternal organization and as an expression of their appreciation; that the employer, Herkimer Central School did not own, operate or exercise any control over the parking premises but, at best, it was an arrangement between a group of teachers and the owner of the parking lot. Such an arrangement should not be construed so as to bring the claimant-teacher within the ambit of the Workmen’s Compensation Law premised upon a finding by the board that such facts were known to the employer and were of benefit to such employer. The employer knew that some of the teachers parked their automobiles on a public street, but, as of now, such act would not bring an injured employee, under the same circumstances as here, within the protection of the law. Nor would a teacher parking in a public parking lot adjacent to the school premises be so protected. To affirm here, and say, as a matter of law, that the claimant was in the course of her employment at the time of the injury because the employer had knowledge and such parking was for its benefit is neither justified nor