Legal Opinion
Claim of Nichols v. Hale Creek ASACTC
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2012PublishedCited by 3 opinions
1Opinion of the CourtMcCarthy, J.
*1011We affirm. Whether an injury has arisen out of and in the course of employment is a factual determination to be made by the Board and its decision will not be disturbed when supported by substantial evidence (see Matter of Siliverdis v Sea Breeze Servs. Corp., 82 AD3d 1459, 1460 [2011]; Matter of Booth v New York State Dept. of Corrections, 58 AD3d 1027, 1028 [2009]). Pursuant to Workers’ Compensation Law § 10 (1), an injury is not compensable when it is sustained during voluntary participation in an off-duty athletic activity that does not constitute part of an employee’s work-related…
2Cases cited4 opinions
- Claim of Diem v. Diem & Buerger InsuranceAppellate Division of the Supreme Court of the State of New York · 1989
- Claim of Siliverdis v. Sea Breeze Services Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- Booth v. New York State Department of CorrectionsAppellate Division of the Supreme Court of the State of New York · 2009
- Torre v. Logic Technology, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
3Cited by3 opinions
- Matter of Ciullo v. Gordon L. Seaman Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Matter of Devis v. Mountain States Rosen LLCAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Wallen v. Software Communication Sys. Inc.Appellate Division of the Supreme Court of the State of New York · 2018