MATTER OF BAKER v. SENTRY GROUP


269 A.D.2d 668 (2000)

703 N.Y.S.2d 299

In the Matter of the Claim of EUGENE BAKER, Respondent, v. SENTRY GROUP et al., Appellants. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 10, 2000.


Peters, J.

Claimant sustained a knee injury while playing basketball with co-workers at a gym on his employer's premises after his shift had ended. The Workers' Compensation Board ruled that claimant's injury arose out of and in the course of his employment and the employer appeals.

Where, as here, the voluntary athletic activity is not part of the employee's work-related duties, Workers' Compensation Law § 10 (1) precludes an award of workers' compensation...

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