Claim of Holck v. Town of Hempstead—District No. 2

OPINION OF THE COURT

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 NY 901, affg 273 App…