Legal Opinion

Claim of Carpenter v. Ceramic Systems, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided May 9, 1974PublishedCited by 2 opinions

1Opinion of the CourtReynolds, J.

This is an appeal from a decision of the Workmen’s Compensation Board, filed May 25,1971, which disallowed claimant’s claim for death benefits.

On December 24, 1968 the decedent attended a Christmas party on the employer’s premises at which alcoholic beverages and food were provided by the employer and consumed by those in attendance. How much alcohol decedent actually consumed is unknown but the evidence shows he was drinking very heavily and became very belligerent and obnoxious during the course of the party. One witness testified that the decedent was drinking “more heavily than anybody…

2Cited by2 opinions

  1. Mennis v. Amendes Co.Appellate Division of the Supreme Court of the State of New York · 1977
  2. Sterling v. Mike Brown, Inc.District Court of Appeal of Florida · 1991

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