Matter of Wilson v. General Motors Corp.
New York Court of Appeals
The undisputed facts show that claimant’s injuries did not arise out of and in the course of his employment and, consequently, that he is not entitled to recovei'y herein. (Matter of Heits v. Ruppert, 218 N. Y. 148; Matter of De Voe v. New York State Rys., 218 N. Y. 318; Matter of Kowalek v. New York Cons.
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The undisputed facts show that claimant’s injuries did not arise out of and in the course of his employment and, consequently, that he is not entitled to recovei'y herein. (Matter of Heits v. Ruppert, 218 N. Y. 148; Matter of De Voe v. New York State Rys., 218 N. Y. 318; Matter of Kowalek v. New York Cons. R. R. Co., 229 N. Y. 489; Matter of Scott v. Whitehouse & Co., 280 N. Y. 742; Volk v. City of New York, 284 N. Y. 279; Matter of Ritbinstein v. Madison House Soc;, 239 App. Div. 867; Matter of Janik v. New York Central R. R. Co., 234 App. Div. 642; Matter of Humphrey v. Marcuse, 257 App.…
1Opinion of the CourtFtjld, J.
Injured in a play at first base in a softball game between teams made up of employees of General Motors Corporation, claimant sought and was awarded compensation benefits. On application of the self-insured employer, we granted leave from the affirmance of that award by the Appellate Division so that we might consider whether an injury suffered by an employee voluntarily participating in an athletic or other recreational activity, under the circumstances here disclosed, is properly compensable as one ‘ ‘ arising ont of and in the course of ’ ’ Ms employment.
Claimant, forty-five years old, was…
2Cases cited19 opinions
- Matter of Industrial Comr. (Siguin) v. McCarthyNew York Court of Appeals · 1946
- Claim of Daus v. Gunderman & Sons, Inc.New York Court of Appeals · 1940
- Matter of Ognibene v. Rochester Manufacturing Co.New York Court of Appeals · 1948
- Le Bar v. Ewald Bros. DairySupreme Court of Minnesota · 1944
- Linderman v. Cownie FursSupreme Court of Iowa · 1944
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3Cited by76 opinions
- Claim of McCormack v. National City BankNew York Court of Appeals · 1951
- Claim of Davis v. Newsweek MagazineNew York Court of Appeals · 1953
- Moore's CaseMassachusetts Supreme Judicial Court · 1953
- Tocci v. Tessler & Weiss, Inc.Supreme Court of New Jersey · 1959
- Jewel Tea Co. v. Industrial CommissionIllinois Supreme Court · 1955
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