MATTER OF VACCARO v. SPERRY RAND CORP.


83 A.D.2d 678 (1981)

In the Matter of the Claim of Marion J. Vaccaro, Respondent, v. Sperry Rand Corporation et al., Appellants. Workers' Compensation Board, Respondent

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

July 9, 1981


Decedent, a 54-year-old research department head, died after jogging, during his lunch hour, on his employer's premises. The record discloses that jogging during the lunch hour on the employer's property was a permitted activity and that the employer furnished the employees with an athletic facility, known as the Sperry Rand Athletic Club, consisting of a gym, locker room and showers. Membership in the club, which was open to all employees, was voluntary. The club's functions...

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