BURLINGAME v. MOBIL CHEM.


61 A.D.2d 273 (1978)

In the Matter of the Claim of E. Lynn Burlingame, Respondent, v. Mobil Chemical Company, a Division of Mobil Oil Corp., Appellant. Workmen's Compensation Board, Respondent

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

February 16, 1978


Attorney(s) appearing for the Case

Harter, Secrest & Emery (James C. Moore of counsel), for appellant.

Dutcher, Witt, Sidoti & Richards (Frank V. Sidoti of counsel), for E. Lynn Burlingame, respondent.

Louis J. Lefkowitz, Attorney-General (Jorge L. Gomez and Daniel Polansky of counsel), for Workmen's Compensation Board, respondent.

MAHONEY, P. J., GREENBLOTT, SWEENEY and MIKOLL, JJ., concur.


STALEY, JR., J.

The sole issue presented on appeal is whether claimant's accident arose out of and in the course of employment.

On August 19, 1975, claimant was injured when the motorcycle he was operating collided with a truck while claimant was en route from his home to the playing field to engage in a softball game as a member of a team in the softball league organized, sponsored and financed by the...

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