Appeal from a decision of the Workers’ Compensation Board, filed December 26, 2003, which ruled that claimant did not sustain an accidental injury in the course of his employment.
After claimant was injured when he was struck by an automobile as he was crossing a public street during his lunch break, he applied for workers’ compensation benefits. Finding that claimant had been engaged in a “dual purpose errand” at the time of the accident because he had stopped to cash his paycheck, a Workers’ Compensation Law Judge awarded him benefits. The Workers’ Compensation Board subsequently reversed that decision, prompting this appeal.
Inasmuch as there is substantial evidence to support the Board’s determination that claimant’s injuries occurred during an unpaid lunch break and, thus, were sustained outside the scope of his employment (see Matter of Rose v Verizon N.Y., 304 AD2d 990, 990 [2003]; Matter of Smith v City of Rochester, 255 AD2d 863, 863 [1998]; see also Workers’ Compensation Law § 10 [1]), we affirm. The record reveals that the employer
Cardona, P.J., Mercure, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.
