In the Matter of the Claim of Morris Verschleiser Against Joseph Stern & Son, Respondents. the State…

Summary

The Court held that the claimant's injury arose out of and in the course of his employment and therefore is compensable under the Workmen’s Compensation Law, reversing the Appellate Division and affirming the Industrial Commission's award. The decision relied on Carbone and Heitz to interpret the statute broadly, distinguishing cases where the employee was the aggressor. Justice McLaughlin dissented, arguing the claimant was not engaged in his duty at the time of injury and that the injury is not compensable.