MATTER OF KOCH v. ROCKLAND COUNTY SHERIFF'S DEPARTMENT


289 A.D.2d 865 (2001)

734 N.Y.S.2d 697

In the Matter of the Claim of RICHARD KOCH, Appellant, v. ROCKLAND COUNTY SHERIFF'S DEPARTMENT et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 20, 2001.


Lahtinen, J.

Claimant, who was employed in the employer's correction division, was injured in a union-sponsored softball game between employees of the correction division and employees of the patrol division. The Workers' Compensation Board concluded that the injury did not arise out of claimant's employment, prompting this appeal by claimant.

Where, as here, an employee is injured in a voluntary athletic activity...

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