Korsun's Case

This is a claim for death benefits under G. L. c. 152, § 31. A member of the Industrial Accident Board found that the employee sustained an injury “arising out of and in the course of his employment” which led .to his death and ordered payment of benefits. The reviewing board affirmed and adopted the findings and decision of the single member. On the insurer’s appeal to the Superior Court, the judge entered a decree dismissing the claim on the ground that “the evidence does not warrant a finding,that the employee’s injury and death arose out of and in the course of his. employment.” The case…