Claim of Cheryl v. State

Appellate Division of the Supreme Court of New York

Claim of Cheryl v. State

75 A.D.2d 914, 427 N.Y.S.2d 312, 1980 N.Y. App. Div. LEXIS 11569

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 1, 1980

StatusPublished

This text of 75 A.D.2d 914 (Claim of Cheryl v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claim of Cheryl v. State, 75 A.D.2d 914, 427 N.Y.S.2d 312, 1980 N.Y. App. Div. LEXIS 11569 (N.Y. Ct. App. 1980).

Pincite

Opinion

Appeal from a decision of the Workers’ Compensation Board, filed December 13, 1978, which reversed a Workers’ Compensation Law Judge’s decision allowing the claim and found that the accident and death did not arise out of and in the course of employment. The board found: "Based on the testimony of the witnesses, the golf tournament was not sponsored by the employer, attendance of the tournament was voluntary and time off was charged to employees’ leave time, there was no control or monies advanced by the employer, that decedent’s death did not arise out of and in the course of employment.” There is substantial evidence to sustain the determination of the board. The essential nexus between the golf tournament and the employer has not been established (Matter of Tedesco v General Elec. Co., 305 NY 544; Matter of Wilson v General Motors Corp., 298 NY 468; Matter of Dapp v New York State Liq. Auth., 50 AD2d 250). Decision affirmed, without costs. Greenblott, J. P., Staley, Jr., Main, Mikoll and Casey, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a decision of the Workers’ Compensation Board, filed December 13, 1978, which reversed a Workers’ Compensation Law Judge’s decision allowing the claim and found that the accident and death did not arise out of and in the course of employment. The board found: "Based on the testimony of the witnesses, the golf tournament was not sponsored by the employer, attendance of the tournament was voluntary and time off was charged to employees’ leave time, there was no control or monies advanced by the employer, that decedent’s death did not arise out of and in the course of employment.” There is substantial evidence to sustain the determination of the board. The essential nexus between the golf tournament and the employer has not been established (Matter of Tedesco v General Elec. Co., 305 NY 544; Matter of Wilson v General Motors Corp., 298 NY 468; Matter of Dapp v New York State Liq. Auth., 50 AD2d 250). Decision affirmed, without costs. Greenblott, J. P., Staley, Jr., Main, Mikoll and Casey, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

75 A.D.2d 914, 427 N.Y.S.2d 312, 1980 N.Y. App. Div. LEXIS 11569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claim-of-cheryl-v-state-nyappdiv-1980.

Opinion

Related

Cite This Page — Counsel Stack