MATTER OF SARRIERA v. AXEL ELECS., INC.


25 A.D.2d 592 (1966)

In the Matter of the Claim of Charles Sarriera, Respondent, v. Axel Electronics, Inc., et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 14, 1966


HERLIHY, J.

The board reversed the decision of the Referee disallowing the claim as not arising out of and in the course of employment and remanded to the Referee who, in turn, made an award. The facts are not in dispute. The claimant in charge of the operation of an impregnator oven, while waiting for materials to be processed and taken out of the oven, became involved in a friendly discussion with a fellow employee over the latter's weight "getting...

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