297 N.Y. 349 | NY | 1948
At the time of his accident, claimant was a mechanical engineering draftsman, in the employ of appellant Board of Education of the City of New York, in the electrical division of its bureau of construction. Attempting to open a window in the employer's office, claimant sustained injuries to his hand when the pane broke. There is no doubt that the injuries arose out of and in the course of his employment. Question is raised, however, as to whether the nature of his employment was such as to entitle him to an award of workmen's compensation.
Claimant testified that his work was "engineering" in connection with the planning of electrical work on his employer's school buildings. When additions were to be built onto existing buildings, he, in order "to find out what the existing conditions in the buildings" were, had to "go out in the field" to "examine the existing electrical installations." At times that involved going up on a stepladder, taking covers off electrical boxes, counting wires, following electrical circuits, and using pliers, a flashlight and a ruler. Claimant had held the same position with *352 the board of education for about sixteen years before the accident, and during about ten of those years his trips into "the field" averaged thirty a year. For the five years before the accident, however, little or no actual construction work, old or new, had been done by the board, and so claimant's duties during that period and at the time of his injury were all performed in his employer's office. On that proof the compensation board decided in favor of claimant. It held, in an opinion, that "claimant's work involves the operation and maintenance of electrical equipment" and made findings that he, at the time of the accident, "was engaged in a hazardous occupation", also that his employer "was engaged in a hazardous employment as enumerated in the Workmen's Compensation Law", and that claimant's employment "was incidental thereto." The Appellate Division unanimously affirmed, stating in its memorandum that claimant's duties (draughting) when injured were, under the broad definition in subdivision 13 of section 2 of the act, sufficiently related to actually hazardous work to bring the claim under the act. We granted the Board of Education leave to appeal to this court.
In Matter of Leahy v. City of New York (
The board of education's "business" is education and so it cannot reasonably be held that claimant, as an employee of *353
that board, was "in the service of an employer whose principal business is that of carrying on or conducting a hazardous employment" (Workmen's Compensation Law, §
The fact that, on the day of the accident and for a long time theretofore, claimant had not been doing any of the more dangerous *354
parts of his work, is of no consequence. The test is simply whether his "employment" (meaning his general work or occupation) can be found listed in section 3. Cases like Matter of Newman
v. Newman (
The order should be affirmed, with costs.
LOUGHRAN, Ch. J., LEWIS, CONWAY, THACHER, DYE and FULD, JJ., concur.
Order affirmed. *355