Claim of Majune v. Good Humor Corp.

Appeal by claimant from a decision which disallowed a claim for death benefits on the ground that the fatal motor vehicle accident which occurred when the truck that decedent was operating collided head on, in the opposing traffic lane, with a vehicle approaching from the opposite direction, was caused solely by decedent’s intoxication. (Workmen’s Compensation Law, § 10.) The autopsy report stated that a blood specimen taken from decedent’s body contained 0.30% alcohol by weight and that the stomach was distended with approximately 1,000 ee. of liquid with a strong odor of aldehyde;…