Opinion
Argued June 8, 1979
Decided July 10, 1979
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Mauro A. Contrastano for appellant.
William L. Weinstock and Peter M. Pryor for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
Claimant was injured while playing soccer outside his place of employment during a lunch break. His claim for compensation was disallowed by the Workers' Compensation Board, and the Appellate Division affirmed.
There is no basis for disturbing the board's decision. Whether claimant's noontime recreational activity was an incident of employment so as to arise out of and in the course of employment is a question of fact (see, e.g., Matter of Brown v United Servs. for Air, 298 N.Y. 901, affg 273 App. Div. 932; Matter of Beiring v Niagara Frontier Tr. System, 23 A.D.2d 611, mot for lv to app den 15 N.Y.2d 485; Matter of Wilson v General Motors Corp., 272 App. Div. 845). It cannot be said on this record that the determination of the board is unsupported by substantial evidence.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur in memorandum; Judge FUCHSBERG taking no part.
Order affirmed.