Claim of McMains v. Trans World Airlines, Inc.Claim of McMains v. Trans World Airlines, Inc.
The employer and carrier appeal from an аward of death benefits. The sole issue on this appeаl is the jurisdiction of the New York State Board. The employer maintains an operations division headquarters at Kansas City, Missouri. It also maintains offices in New York City and at various airports, including Idlewild. Decedent was employed as a pilоt at Kansas City in 1941, and was assigned to various bases designated by the employer as “ domiciles ”, a domicile being the plаce from whjch a pilot flew and to which he returned. In 1950 decedent was assigned to a New York “ domicile ” operаting on domestic flights from La Guardia Airport. On June 1, 1951 he was assigned to the employer’s base at Idlewild sfnd operated on international flights which originated at Idlewild. He continued to work directly for the employer out of Idlewild until 1955, when he volunteerеd to a special assignment to Lufthansa Airlines, a German linе with offices at Hamburg, Germany, as a supervising pilot pursuant tо a contractual arrangement between Lufthansa and Trans World Airlines. He continued in the employ of T. W. A., however, аt all times until his death. On January ,11, 1959, while on a flight for Lufthansa, decedеnt was killed in a crash near Rio de Janeiro, Brazil. The flight schеdules and plans of Lufthansa were made up in Hamburg but were trаnsmitted to Idlewild where decedent usually received them. In September, 1951, decedent established a residence in Connecticut which he maintained until his death. When he left home for work he reported to Idlewild, and when he left work he left from Idlewild. A mailbox was maintained for him at the employer’s hangar at Idlewild. Practically all of his flights originated there. If he elеcted to end his services with Lufthansa he would he returned to thе Idlewild “domicile”, which was considered permanent by the employer. It does not appear that the Kansas City office ox the employer gave decedent any detailed instructions or exercised any detailed control over him while he was operating