Opinion
December 21, 1970
Appeal by the employer and his insurance carrier from a decision of the Workmen's Compensation Board, filed November 28, 1969. The sole issue is whether there is substantial evidence to support the board's finding that the accident arose out of and in the course of employment. Claimant, while walking to the butcher shop where he worked, held on to the butcher shop window to get to the entrance door since the sidewalk was slippery and, taking out the key to open the door, fell within two feet from the door and broke his hip. A police officer testified that when he arrived at the scene, he found claimant lying in the vestibule leading to the door of the butcher shop. The board found that "as the claimant was lying in the doorway of the butcher shop where he fell, he was on the employer's premises and sustained an accidental injury arising out of and in the course of his employment." The record presents a factual issue as to where the accident took place, and the determination of the board is supported by substantial evidence. ( Matter of Evans v. J.W. Mays, Inc., 25 A.D.2d 597, mot. for lv. to app. den. 17 N.Y.2d 423.) Decision affirmed, with costs to the Workmen's Compensation Board. Herlihy, P.J., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur.