Claim of Samuels v. Dubovsky & Son

Appeal from a decision of the Workmen’s Compensation Board which awarded benefits to the claimant. The claimant and his employer became involved in an argument stemming from an accusation by the employer that the claimant was stealing merchandise. The board found that as a result of the ensuing altercation, the injuries which the claimant sustained arose out of and in the course of his employment. The appellants concede that there is no dispute as to the facts and “ that the altercation came about because of the employment ”, but contend that the resulting injuries occurred because of an illegal act and it is argued that therefore, the altercation was so personal that there was no employment relationship. The assault and altercation which took place on the employer’s premises resulted from a dispute over the employer’s