MATTER OF PODHORETZ v. RUBINSTEIN


35 A.D.2d 1042 (1970)

In the Matter of the Claim of Sam Podhoretz, Respondent, v. Henry Rubinstein et al., Appellants. Workmen's Compensation Board, Respondent

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

December 21, 1970


The sole issue is whether there is substantial evidence to support the board's finding that the accident arose out of and in the course of employment. Claimant, while walking to the butcher shop where he worked, held on to the butcher shop window to get to the entrance door since the sidewalk was slippery and, taking out the key to open the door, fell within two feet from the door and broke his hip. A police officer testified that when he arrived at the scene, he found claimant...

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