Opinion
April 19, 1971
Appeal from a decision of the Workmen's Compensation Board, filed April 14, 1970. Claimant was awarded benefits for a 100% loss of vision in the left eye. Respondent, an insurance underwriter, attended an annual party sponsored by American Home Insurance Company, a major client of his employer. Together with several other invited fellow employees, he remained at the party from 5:30 to 7:30 P.M. He testified that such parties enhance his familiarity with people at American Home Insurance Company, thus facilitating placing insurance with them for his employer. At approximately 7:30 P.M. respondent left the party in the company of four of his employer's executives to go to a restaurant for dinner. Shortly after entering the restaurant and while ordering a round of drinks, respondent noticed one of his coemployees, John Toohey, being followed from the men's room by a belligerent individual with whom his friend was apparently engaged in argument. Respondent thereupon stepped between both of them to prevent violence which might otherwise ensue. As respondent turned to his friend to bring him back to their table he was punched in the eye by the stranger. The board found that "it was in the employer's interest for the claimant to attend the annual party sponsored by the * * * [client]; that insurance matters were discussed there; that expenses incurred were reimbursable by the employer; and that the accidental injury arose out of and in the course of employment." There is substantial evidence to support the board's decision. It is undisputed that appellant encouraged its employees to attend parties given by its clients to further its business relations. In fact, respondent's job required him to undertake public relations and good will work for his employer and he had therefore attended the party in question every year since his employment. Respondent's attendance at the business affair, being a responsibility implicit in his job which conferred a benefit upon his employer, was clearly an activity within the scope of his employment. While at the party, respondent spent his time primarily with two employees of his client discussing a newly revised boiler machinery insurance manual and increased insurance rates. After the party ended, respondent and appellant's other employees continued their business discussions among themselves on their way to the restaurant, located five blocks away and a block and a half from their office. Although injuries sustained at mealtime and off the employer's premises are ordinarily noncompensable, this is not so where "the time or place of the meal is somehow associated with or affected by the work itself, e.g., working after hours or under conditions of time or place which relate the time or place of the meal more or less directly to the work" ( Matter of Relkin v. National Transp. Co., 18 A.D.2d 137, 138). Respondent, like all of his coemployees, lived outside the Borough of Manhattan where they worked and from which point, approximately one hour was required to reach home. Since he would be unable to be home for dinner as a result of his participation at the business party, it was predictable and natural that he dine before returning home. Each employee testified that had any money been spent for dinner they would have been entitled to charge such cost against their expense account. Appellant concedes that this "reimbursement of expenses may enter into the question of whether or not the claimant was in the course of employment". It is apparent that the employer considered respondent's presence at the restaurant a natural incident of his participation at the party and was therefore an activity falling within the course of his employment. Nor do we find merit in appellant's contention that respondent's injury did not arise out of his employment. When an injury is sustained in the course of employment, a presumption follows that it arose out of employment ( Matter of Tecce v. McKesson Robbins, 23 A.D.2d 594, affd. 20 N.Y.2d 779). Decision affirmed, with costs to the Workmen's Compensation Board. Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Sweeney, JJ., concur.