Claim of Rourke v. Carl's Drug Co.

This is an appeal from a decision of the Workmen’s Compensation Board, filed August 5, 1975 and from an amended decision filed April 16, 1976 disallowing claimant’s claim.

On July 15, 1971 at about 10:30 p.m., while operating a station wagon owned by his employer in a westerly direction in the eastbound passing lane of the Thruway near mile post 221.5, decedent struck another vehicle and sustained fatal injuries. The record reveals that decedent spent all of the afternoon and the early evening at a clambake and consumed a quantity of beer. The board disallowed the claim for death benefits,…