McGinn v. Jack Chambers, Inc.

Appeal from a decision of the Workmen’s Compensation Board, filed January 19, 1973, which disallowed a claim for death benefits. Decedent, claimant’s husband, was the manager of the employer’s restaurant located on West 54th Street in New York City. He was provided with living quarters above the restaurant by the employer, and although his family home was on Long Island, he maintained an apartment on West 55th Street. At about 7:30 p.m., on February 18, 1970 (decedent was usually Relieved by the night manager at 7:00 p.m., who was on duty that night) three men, including one Frank Koehler and…