Claim of McKenna v. Atlas Contractors Equipment Corp.

There was evidence to support the conclusions of the Workmen’s Compensation Board, first, that the fire originated from a source separate and apart from the employee; second, that, since that was so, there was no question but that the death arose out of and in the course of the employment; and, third, that the employer and carrier had failed to establish that the injury and the ensuing death were * ‘ solely occasioned by intoxication of the * * * employee ” (Workmen’s Compensation Law, §§ 10, 21, subd. 4). We pass upon no other question.

The order of the Appellate Division should be reversed…