Leventhal v. Wright Aeronautical Corp...
| Decision Date | 30 December 1946 |
| Docket Number | No. 86740.,86740. |
| Citation | 51 A.2d 237 |
| Parties | LEVENTHAL v. WRIGHT AERONAUTICAL CORPORATION. |
| Court | New Jersey Department of Labor-Workmen's Compensation Bureau |
OPINION TEXT STARTS HERE
Proceeding under the Workmen's Compensation Act in the matter of the petition of David Leventhal for compensation for injuries sustained while playing softball on a team sponsored by Wright Aeronautical Corporation, employer, opposed by employer.
Petition dismissed.
Maurice Levinthal, of Paterson, for petitioner.
John W. Taylor, of Newark, for respondent.
WEGNER, Deputy Commissioner.
A formal claim petition having been filed by petitioner seeking benefits under the terms and provisions of the Workmen's Compensation Act of the State of New Jersey, as amended and supplemented, N.J.S.A. 34:15-1 et seq., and respondent having duly filed its answer, this matter came on for hearing before me at Paterson in the regular way on October 11, 1946.
Petitioner testified that he was employed by respondent in Department 408; that he played on a softball team which represented Department 207 in an inter-departmental league and also played on a team, claimed to represent respondent's plant in the North Jersey Industrial League; that the latter team was known as the ‘Wright Aero.’ team and was the same team which played in the inter-departmental league as the Department 207 team; that the ‘Wright Aero.’ team wore uniforms furnished by respondent, bearing the legend ‘Wright Aero.’ and these uniforms were also worn by the team in inter-departmental league play; that the standings of both teams were posted on bulletin boards located in various parts of respondent's plant and such postings were controlled by the company recreation department, which also gave considerable publicity to team activities in the official company paper ‘Wright At The Moment’; that the umpires employed in various games played by the teams were paid by respondent; that he suffered his claimed injury while playing in an interdepartmental league game on June 5, 1945, which was attended by some two or three hundred spectators.
Frank Colvin testified for petitioner to the effect that he also played on the team; that uniforms were furnished by respondent; that the umpires at each game were paid by respondent and that publicity was given the teams' activities, both on the company bulletin boards and in the plant paper.
On cross-examination, both petitioner and Colvin admitted that they played ball on their own time and provided their own...
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