Legal Opinion
Davis v. Alpha Apple, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 11, 1992PublishedCited by 1 opinion
1Opinion of the Court
Appeal from a decision of the *894Workers’ Compensation Board, filed January 2, 1991, which ruled that claimant’s decedent sustained an accidental injury in the course of his employment and awarded workers’ compensation benefits.
We reject the employer’s contention that the record fails to adequately support the finding by the Workers’ Compensation Board that claimant’s decedent sustained an accidental injury in the course of his employment. Whether an activity is within the course of one’s employment is a factual issue for the Board to resolve (see, Matter of Purdy v Savin Corp., 135 AD2d 975,…
2Cases cited5 opinions
- Claim of Richardson v. Fiedler Roofing, Inc.New York Court of Appeals · 1986
- Claim of Purdy v. Savin Corp.Appellate Division of the Supreme Court of the State of New York · 1987
- Ribar v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1986
- Claim of Carroll v. Trans-Dyne Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- Claim of McDermott v. Giles Varnish Co.Appellate Division of the Supreme Court of the State of New York · 1967
3Cited by1 opinion
- Greene-Wotton v. Fiduciary Trust Co. InternationalDistrict Court, S.D. New York · 2003