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Accidents Arising Out Of And In The Course Of Employment By Alex C. Dell, Esq. Introduction In order to constitute a compensable accident under the New York State Workers' Compensation Law (WCL), the accident must arise out of and in the course of the claimant's employment. Whether an accident arose out of and in the course of one's employment is a question of fact for the Workers' Compensation Board (Board) to decide. Consequently, there is an abundance of case law providing guidance to the [...]