Opinion
May 11, 1949.
Present — Foster, P.J., Heffernan, Brewster, Santry and Bergan, JJ. [See post, p. 973.]
This is an appeal by the employer and its insurance carrier from an award in favor of claimant for a 15% loss of use of his right hand. The employer was engaged in the business of manufacturing radio equipment. Claimant was employed by it as a clerk. On September 29, 1947, he suffered a fracture of the right forearm while playing baseball with a baseball team which was sponsored by the employer. The board found that the ball team was sponsored by the employer; that the employer supplied the uniforms which the players wore, as well as the other equipment used by them; the games were played with teams from other radio companies; the players were directed to leave work before the regular quitting time in order to be on hand for practice; the games were scheduled by the employer and spectators were invited to attend and did attend the games. The employer had contributed $100 to the team for its uniforms and equipment and the employer's name appeared on the uniforms. The board also found that the employer's manager admitted that the employer did a considerable amount of advertising, and he testified that the appearance of the employer's name on the uniforms constituted advertising. The evidence sustains the findings of the board. Award unanimously affirmed, with costs to the Workmen's Compensation Board.