Cruz v. RKO Century Theatres

— Levine, J.

Appeal from a decision of the Workers’ Compensation Board, filed January 29, 1986, which ruled that claimant sustained a compensable injury and awarded benefits.

The facts of the instant case are undisputed. In June 1983 the manager of the employer’s movie theatre at Lexington Avenue and 86th Street in New York City received a recommendation from a member of his staff to hire claimant as an usher. The manager told his subordinate to make sure claimant was 18 years old. In fact, claimant was then 16 years of age, but had been issued a valid employment certificate, or "working…