Opinion
November 28, 1951.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Claimant attended a clambake arranged and managed by the union of employees at her plant. The plant was closed down for the afternoon and no employees were paid for that time. There was no compulsion on any employee to attend and the proof indicates that the employer's only connection with the clambake was to contribute a part of the cost of the tickets. While dancing at the bake claimant fell and fractured her left ankle. The board found that her accident did not arise out of and in the course of her employment. Decision unanimously affirmed, without costs.