Claim of Bletter v. Harcourt, Brace & World, Inc.

The claimant’s fall while executing a dance step was purely personal act of the claimant and not in anyway attributable to the employment environment and thus the rationale of Matter of Kaplan v. Zodiac Watch Co. (20 N Y 2d 537) precludes an award here. I cannot agree with the majority’s position that the “personal act” concept is limited to “such matters as dressing, personal hygiene or personal comfort”. Moreover, as I interpret Kaplan it is highly significant whether the accident is some how “ work connected ” or “ could ' have as easily occured at his home or at any other place.” (Matter…