Smith v. Paul Smith's College
Opinion of the Court
—Appeals from a decision and an amended decision of the Workers’ Compensation Board, filed July 12, 1990 and July 22, 1991, which ruled that claimant sustained an accidental injury in the course of his employment and awarded workers’ compensation benefits.
We reject the employer’s contention that the record fails to support the finding by the Workers’ Compensation Board of an accident arising out of and in the course of employment. Whether an activity is within the scope of employment or purely personal depends upon whether the activity is both reasonable and sufficiently work related under the circumstances and is a factual issue for the Board (see, Matter of Richardson v Fiedler Roofing, 67 NY2d 246, 249; Matter of
Levine, J. P., Mercure, Mahoney, Casey and Harvey, JJ., concur. Ordered that the decision and amended decision are affirmed, without costs.
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