Claim of Barrett v. Al Charyn, Inc.

Appeal by an employer and its insurance carrier from a decision *864and award of the Workmen’s Compensation Board for death benefits. Decedent died in his employer’s panel truck from asphyxia by carbon monoxide resulting from his use of a charcoal-burning heater improvised from two cans. A partly consumed bottle of wine was found under his body and tests following autopsy disclosed 0.35% alcohol in his brain. Appellants contend, first, that decedent’s accidental death, while resting during his lunch hour, was the result of a personal act performed in disobedience of the employer’s order…