Matter of Briand v. N.Y. St. Dept. of Envtl

Full title: In the Matter of the Claim of LEO BRIAND, Respondent, v. NEW YORK STATE…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Sep 17, 1992

186 A.D.2d 308 (N.Y. App. Div. 1992)

587 N.Y.S.2d 450

Opinion

September 17, 1992

Appeal from the Workers' Compensation Board.

Claimant was injured while participating in a "tug of war" contest at the employer's annual picnic. Testimony by claimant and his supervisor established that the picnic was organized during business hours and employee participation in the picnic was overtly encouraged by the supervisor to promote morale and esprit de corps. Given these facts, we find that substantial evidence supports the decision of the Workers' Compensation Board that claimant's injury constituted an accident arising out of and in the course of employment (see, Matter of Midley v Romulus Cent. School Dist., 184 A.D.2d 925; Matter of Diem v Diem Buerger Ins. Co., 146 A.D.2d 840).

Weiss, P.J., Mercure, Crew III, Mahoney and Casey, JJ., concur. Ordered that the decisions are affirmed, without costs.