Opinion
September 13, 1990
Appeal from the Workers' Compensation Board.
The decision awarding claimant workers' compensation benefits is supported by substantial evidence and must be affirmed. The injury to her back occurred while claimant was transporting certain work materials to her place of employment. Although she was not yet at work when the injury occurred, the transporting of the materials was not done as a matter of personal choice (cf., Matter of Broich v. New York State Union Coll. of Optometry, 117 A.D.2d 868). Claimant was required to have these materials with her while performing her job and there were no facilities at her place of employment to store the materials (see, Matter of Hoch v. Hansen, 111 A.D.2d 1066; Matter of Shafran v. Board of Educ., 25 A.D.2d 336, lv denied 18 N.Y.2d 579).
Decision affirmed, without costs. Mahoney, P.J., Casey, Weiss, Yesawich, Jr., and Mercure, JJ., concur.