42 A.D.2d 796 | N.Y. App. Div. | 1973
Appeal from a decision of the Workmen’s Compensation Board, filed November 3, 1972, which affirmed a Referee decision holding that the accident arose out of and in the course of employment. Claimant, a hospital attendant in a State hospital, was injured in an auto accident in January, 1971, while driving to a practical nursing school at a time when she was on a one-year, fully-paid educational leave of absence from her job. The record indicates that claimant’s leave of absence was contingent upon her maintaining a grade level specified 'by the employer; that the employer disseminated information concerning, and encouraged participation in, the leave program through bulletin board notices and a number of personnel meetings; that the program was for the benefit of the employees and the employer by providing better, qualified employees; that claimant received her regular pay from the employer, which moneys did not come from any special fund; that she was required by the employer to train only in the field in which she was then employed; that she was required to return to work during any school vacation period of more than two weeks; that claimant was not a field employee and, although her normal duties were performed at the Craig State School, she could have been given some assignments at times requiring her to travel; and that claimant and the employer discussed a moral commitment on claimant’s part to return to work for at least the length of time she was on leave. The 'board found that the school attendance arose out of the employment, based on findings that the school attendance was induced by the employer, who provided substantial financial assistance through the continuance of pay and who stood to benefit from claimant’s improved knowledge and skills. The board further “found that having to travel to a place removed from her regular employment site constituted a deviation from her usual travel route to work and was caused by the employment, and therefore at the time claimant was driving to the school she was within the course of employment.” It is clear from the record that claimant, although acting outside her regular duties, did so in good faith and in advancement of the employer’s interests and that the school attendance arose out of her employment (see Matter of Correll v. Tutrone Print. Go., 277 App. Div. 817; 1 Larson, Workmen’s Compensation Law, § 27.00, p. 5-212). There are numerous examples of the control which the employer had over claimant’s activities, such as those concerning her grade level, the course of study she could take, and the need to return to work during vacation periods in excess of two weeks, and the fact that the school attendance arose out of the employment can be established on the basis of control alone (Matter of Grigoli V. Nito, 11 A D 2d 581). While the general rule is that risks of travel to and