Opinion
October 26, 1970
Appeals from decisions of the Workmen's Compensation Board, filed April 14, 1969 and September 30, 1969, awarding benefits to claimant, a physical education teacher and coach employed by appellant. The sole issue on appeal is whether claimant's injuries arose in and out of the course of employment. Claimant sustained a ruptured achilles tendon while participating in a college scholarship benefit basketball game played between members of an association composed of teachers and athletic coaches under appellant's jurisdiction. The board found that the activities at the basketball game "were so interwoven with the employment * * * as physical teachers and athletic coaches" as to come within the scope of the Workmen's Compensation Law. Appellant's director of physical education and athletics arranged for publicity, photographs and announcements during school time. Posters and tickets were printed during school hours in the school printing shop and tickets were sold in the schools. The game was played in a school gymnasium for which no charge was made with equipment supplied by the school. Appellant concedes that the basic purpose of the association was "the running of events to raise funds to provide aid for needy students". A significant amount of the game's receipts were donated by the association to appellant which made scholarship awards to several students at an assembly of one of its local high schools. The event not only resulted in an economic benefit to appellant but contributed to the morale of the student body and provided motivation for the students through the competition for the scholarship award (see Matter of Tedesco v. General Elec. Co., 305 N.Y. 544; Matter of Esposito v. Western Elec. Co., 30 A.D.2d 750). Upon the record the board was justified in finding that the scope of appellant's interest, participation and control was sufficient to bring the event within the course of respondent's employment. Decisions affirmed, with costs to the Workmen's Compensation Board. Appeal from Referee's decision dismissed, without costs. Herlihy, P.J., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur.