Claim of De Carr v. New York State Workers' Compensation Board

Appeal from a decision of the Workers’ Compensation Board, filed February 18, 1988.

On August 12, 1986, claimant was employed by the Workers’ Compensation Board and suffered a broken nose while playing softball after regular working hours in a State agency league for a team composed of Board employees. He sought benefits and his claim was controverted under Workers’ Compensation Law § 10 (1), which provides when an injury sustained during an off-duty athletic event is compensable. The Board concluded that claimant’s injury arose out of and in the course of employment because the game was…