Claim of Appleberry v. Moskowitz

— Appeal from a decision of the Workmen’s Compensation Board, dated and filed May 22, 1974, which reversed a referee’s *1002determination in favor of the claimant and determined that the decedent’s death did not arise out of and in the course of her employment. Upon the opening of the office in the morning, the decedent, a member of the dentist’s staff, was found seated in a dentist’s chair with a mask used for administering nitrous oxide fastened over her nose. It is undisputed that her death was due to inhalation of nitrous oxide. The employer had previously discussed with his staff the effects…