Claim of Phillips v. Spaulding Bakeries, Inc.

The board could properly find that the accident occurred within the time and space limits of decedent’s employment, as was established by the testimony of the employer’s plant manager, and, more particularly, that decedent went to the railroad siding in performance of a specific duty to check a ear there. Thus there became operative the presumption of compensable accident and that against suicide. (Workmen’s Compensation Law, § 21, subds. 1, 3.) The board was not required, of course, to credit the testimony of the engineer and fireman of the locomotive which struck decedent; and was well…