Claim of Walker v. Narolewski

Appeal by an employer and its insurance carrier from a decision and award of the Workmen’s Compensation Board, the sole issue arising upon appellants’ contention that the accident and injury did not arise out of and in the course of the employment.

Claimant worked six days a week, between the hours of 9:00 a.m. and 9:00 p.m. or 10:00 P.M., as a cook and dishwasher in employer’s restaurant and slept on the premises. After retiring, he got up in the night to straighten up because of a “charley horse” and slipped and fell on the waxed floor of his room, thereby sustaining a fracture of his hip.

Cla…