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MATTER OF BRIAND v. NEW YORK STATE DEP'T OF ENVTL. CONSERVATION

186 A.D.2d 308 (1992)

In the Matter of the Claim of Leo Briand, Respondent, v. New York State Department of Environmental Conservation et al., Appellants. Workers' Compensation Board, Respondent

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

September 17, 1992

Claimant was injured while participating in a "tug of war" contest at the employer's annual picnic. Testimony by claimant and his supervisor established that the picnic was organized during business hours and employee participation in the picnic was overtly encouraged by the supervisor to promote morale and esprit de corps. Given these facts, we find that substantial evidence supports the decision of the Workers' Compensation Board that claimant's injury constituted an accident...

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