Claimant's admission that the accident occurred outside the employer's premises and after working hours constitutes substantial evidence to support the finding by the Workers' Compensation Board that the accident did not arise out of or in the course of employment. Generally, "[t]he risk of travel to and from the workplace is not * * * in the course of the employment itself, and injuries sustained in accidents occurring during such commuting are * * * not compensable" (
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MATTER OF GIBSON v. CREEDMOOR STATE HOSP.
190 A.D.2d 950 (1993)
In the Matter of the Claim of Betty Gibson, Appellant, v. Creedmoor State Hospital et al., Respondents. Workers' Compensation Board, Respondent
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
February 11, 1993
February 11, 1993
Appellate Division of the Supreme Court of the State of New York, Third Department.
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