Appeal from a decision of the Workers’ Compensation Board, filed July 27, 2004, which ruled that claimant sustained an accidental injury arising out of and in the course of her employment.
It cannot be disputed that, “ ‘[w]hile on the employer’s premises, going to or coming from work is generally considered an incident of the employment’ ” (Matter of Arana v Hillside Manor-Nursing Ctr., 251 AD2d 715, 716 [1998], quoting Sicktish v Vulcan Indus. of Buffalo, 33 AD2d 975, 976 [1970]; see Matter of Evans v J.W. Mays, Inc., 25 AD2d 597, 598 [1966], lv denied 17 NY2d 423 [1966]). Here, the record proof supports the Board’s finding that “claimant had fallen on the employer’s premises” inasmuch as the evidence can be construed as establishing the employer’s control of the subject sidewalk (see Matter of Vargas v Highwall Metal & Spinning & Stamping Co., 62 AD2d 1102 [1978]). While there is also proof that would justify a contrary result, since there is substantial evidence supporting the Board’s factual finding that claimant fell “within the precincts of [her] employment” (id. at 1102), the matter must be affirmed.
Peters, Spain, Carpinello and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.
