Claim of Kaplan v. Zodiac Watch Co.

The sole issue before us on this appeal is whether claimant, who has already received disability insurance benefits, is also entitled to workmen’s compensation benefits on the ground that his injury arose out of as well as in the course of his employment.

The Appellate Division, in affirming the award of compensation to claimant by the Workmen’s Compensation Board, held that the board was warranted in finding as a question of fact that claimant’s injury was work connected, but where, as here, the facts are undisputed, only a question of law is presented (Matter of Martin v. Plant, 293 N. Y.…