Summary
In Matter of Dodge v. Wm. J. Keller, Inc. (279 App. Div. 959) and Matter of Sorino v. Remington Rand (1 A.D.2d 720) not only was the evidence of employer participation in the social or athletic event greater than that shown here, but the factual issues were resolved by the board favorably to claimant.
Summary of this case from Matter of Legault v. Kraft Foods CompanyOpinion
March 20, 1952.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Appeal by employer and its insurance carrier from an award of compensation in favor of claimant for facial disfigurement. The only issue raised on appeal is whether claimant's accidental injuries arose out of and in the course of his employment. He was injured while returning from a picnic which was sponsored and paid for by the employer. The board found that the picnic was an annual affair sponsored by the employer to promote better employer-employee relationship. Award unanimously affirmed, with costs to the Workmen's Compensation Board.