Appellate Division of the Supreme Court of the State of New York November 24, 2010 (Claim of Panarella v. JP Hogan Coring & Sawing Corp.)

Spain, J.

Appeal from a decision of the Workers’ Compensation Board, filed September 1, 2009, which ruled that claimant’s injury arose out of and in the course of his employment.

Claimant, a mechanic and operating engineer, was instructed by his supervisor to report to work at 5:00 a.m. in order to expedite the delivery of a piece of equipment to a customer’s work site. Upon arriving at 5:00 a.m.