Opinion
September 28, 1949.
Present — Foster, P.J., Heffernan, Deyo, Santry and Bergan, JJ.
Appeal from award for workmen's compensation. Claimant was found lying on the floor of a washroom on the employer's premises and in the place of employment. She had suffered a fractured hip and other physical injuries. Claimant did not know how she was injured. She had gone to the washroom quickly to get her coat at the end of her day's work. The injury itself was very clearly established. It is also clearly established that the injury occurred on the premises of the employer and during time of employment in a place where claimant had a right to be. That the injury was an accident was a fair inference from the nature of the traumatic condition found. Thus literally the injury could be found to be "sustained" in "the course of his employment" as it was in Matter of Hoffman v. New York Central R.R. Co. ( 290 N.Y. 277). The presumption is, as the statute (Workmen's Compensation Law, § 21) provides, that the claim falls within the act. The injury here is closely similar to the fall on the street considered in Matter of Hoye v. City of New York ( 268 App. Div. 944) and the fall in the passenger terminal considered in Matter of Bauer v. City of New York ( 252 App. Div. 802). (Cf. Matter of Welz v. Markel Service, 270 App. Div. 15; Matter of Kefford v. Federal Reserve Bank, 246 App. Div. 660, and Matter of Gallagher v. Mundett Cork Co., 269 App. Div. 793.) Award unanimously affirmed, with costs to the Workmen's Compensation Board.