Claim of Berry v. New York City Board of Education
Claimant sustained a back injury when she slipped and fell at the employer's district office while picking up her paycheck during vacation. The Workers’ Compensation Board initially found the injury compensable and awarded benefits. The employer appealed, contending the accident did not arise out of or in the course of claimant’s employment. Testimony revealed that employees were mandatorily required to pick up paychecks, even if on vacation, and paychecks could not be mailed. The court found that the Board's decision, based on this testimony, was supported by substantial evidence, and therefore, the Board's decision that the injury arose out of and in the course of employment was affirmed.