Claim of Toro v. 1700 First Avenue Corp.

Appeal by claimant from a majority decision of the Workmen’s Compensation Board which disallowed death benefits to the widow and minor children of decedent. It is undisputed that deceased, a resident superintendent of nine apartment buildings leased to his employer and located in the vicinity of First Avenue and East 89th Street in New York City, was brutally assaulted about the head with a piece of iron pipe by an unknown and unapprehended assailant in the late evening of January 11, 1960. He died on the following day of a crushed skull and brain injuries. Deceased was subject to call during…