Claimant, a security guard, filed a claim for workers' compensation benefits alleging that he sustained an ankle injury while demonstrating a boxing maneuver to a co-worker. According to claimant, he attempted the maneuver while waiting for the elevator to arrive after completing his scheduled employment shift and punching out on the employer's time clock. Concluding that the injury resulted from a purely personal activity undertaken after claimant's work day was complete, the Workers' Compensation Board found that claimant's injury did not arise out of and in the course of his employment. Claimant appeals.
For an injury to be compensable under the Workers' Compensation Law, it must have arisen both out of and in the course of employment (see, Workers' Compensation Law § 10). Inasmuch as claimant's injury occurred within the reasonable amount of time it took him to leave the employer's premises after completing his designated shift, the injury is deemed to have occurred within the course of employment and, therefore, claimant was entitled to a presumption that the injury also arose out of his employment (see, Matter of Vogel v Anheuser-Busch, 265 A.D.2d 705).
In our view, however, the employer adequately rebutted the presumption with evidence that claimant's injury resulted from a personal activity which was not sufficiently work related under the circumstances (see, Matter of Richardson v Fiedler Roofing, 67 N.Y.2d 246; Matter of Roggero v Frontier Ins. Group, 250 A.D.2d 1011; Matter of Torio v Fisher Body Div., 119 A.D.2d 955, 956). Unlike the cases relied upon by claimant involving
Ordered that the decision is affirmed, without costs.