Majority
Appeal by uninsured employer from a decision of the State Industrial Board which held that the claimant’s accident arose out of and in the course of his employment. Claimant was injured while in the employ of the employer-appellant, as a business agent, his duties being to investigate jobs and collect dues from members of the incorporated association. Three other men were employed at this work, all of whom were required to have and operate automobiles in the performance of their duty. While claimant was driving his automobile for the purpose of collecting dues he was injured in a collision with a tree, the injuries sustained being the basis of the award. The Industrial Board found that at the time of the accident the employer had in its employ regularly four workmen or operators and that the claimant’s accident arose in the course of his employment. This finding is amply sustained by the evidence. The award should be affirmed. Award affirmed, with costs to the State Industrial Board. Hill, P. J., Bliss, Schenck and Foster, JJ., concur; Crapser, J., dissents. I dissent and vote to reverse the award and dismiss the claim on the ground that the claimant is not one of the persons covered by the Workmen’s Compensation Law of the State of New York.