MATTER OF SMITH v. CLAY VOLUNTEER FIRE DEP'T


60 A.D.2d 712 (1977)

In the Matter of the Claim of Robert W. Smith, Respondent, v. Clay Volunteer Fire Department et al., Appellants. Workmen's Compensation Board, Respondent

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

December 22, 1977


The board found: "that claimant went to the field day and parade in connection with a volunteer fireman fund raising activity to engage in competitive contests and would be covered under Section 5 of the Volunteer Fireman's Benefit Law including traveling there and back. There is no evidence that claimant deviated on his return trip home, and the accident did not occur solely because of intoxication." There is substantial evidence to support the board's determination.

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