In the Matter of the Claim of Gertrude Davis, against Newsweek Magazine, Workmen's Compensation Board

Summary

The Court of Appeals reversed the Appellate Division and dismissed the widow's workers' compensation claim, holding that the decedent's death while diving at a vacation stop did not arise out of and in the course of his employment. The majority reasoned that the activity was a personal recreational act unrelated to his duties, and the dissent argued the opposite, contending the accident was work‑connected.