MATTER OF NAZARIO v. NEW YORK STATE DEP'T OF CORR.


86 A.D.2d 914 (1982)

In the Matter of the Claim of Juan Nazario, Respondent, v. New York State Department of Correction et al., Appellants. Workers' Compensation Board, Respondent

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

February 11, 1982


On May 25, 1978, at 7:30 P.M., claimant, employed as a correction officer at the Walkill Correctional Facility, sustained a broken ankle while playing softball on the prison grounds. Claimant's team was comprised exclusively of coemployees and was managed by a sergeant at the facility. Participation was voluntary. Claimant testified that the essential purpose of the team was to promote employee morale. He further stated that written application to the superintendent of the...

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