MATTER OF HOLCK v. TOWN OF HEMPSTEAD


63 A.D.2d 1114 (1978)

In the Matter of the Claim of Gary Holck, Appellant, v. Town of Hempstead — District No. 2, et al., Respondents. Workers' Compensation Board, Respondent

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

June 29, 1978


Claimant, a 20-year-old sanitation worker, injured his left knee on April 2, 1976 while playing soccer in a parking lot at his place of work. In reversing a referee's decision and disallowing the claim, the board found: "the crux of the situation is that it was a lunch hour accident and there is no indication of staying on these park premises for the lunch break was for the employer's convenience." There is substantial evidence in the record to support the board's decision...

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