Opinion
October 24, 1967
Appeal by the employer and its carrier from a decision and award of the Workmen's Compensation Board on the ground that there is no substantial evidence that the claimant sustained an injury which arose out of and in the course of his employment. Claimant was the chief engineer, chief physicist and chief scientist of the employer which builds instruments and develops techniques for military and space programs. It further appears that his instrumentation work had to do with the undercarriage of jet aircraft. His company sent him to Boulder, Colorado to attend a technical symposium held by the Bureau of Standards. While at the airport awaiting his return flight, his technical curiosity prompted him to stoop to inspect the undercarriage of a passing jet aircraft and when he tried to stand up his knee hurt and he could not straighten his leg. Upon examination he was found to have sustained a torn medial meniscus which ultimately required surgery. Appellants contend that the act of stooping and examining the undercarriage of the aircraft was a personal act wholly disassociated from his employment. However, where an employer sends an employee away from home, it has been held that the test as to whether specific activities are considered to be within the scope of employment or purely personal activities, is the reasonableness of such activities ( Matter of Davis v. Newsweek Mag., 305 N.Y. 20; Matter of Fleer v. Glens Falls Ins. Co., 16 A.D.2d 186). Claimant's act in attempting to examine the undercarriage of the aircraft was a reasonable incident of his employment and, therefore, a "normal and reasonable activity" which the board properly found to be covered when injury resulted while he was engaged therein ( Matter of Kaplan v. Zodiac Watch Co., 27 A.D.2d 680). The board did not have to find that the accident 10 days prior caused the present injury. The determination of the board as to whether given activities are reasonable as well as to when a claimant was injured is one of fact and there is substantial evidence to sustain the award. (Workmen's Compensation Law, § 23.) Decision affirmed, with costs to the Workmen's Compensation Board. Herlihy, J.P., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Gabrielli, J.