Claim of Fishman v. S. W. Layton, Inc.

Claimant has been awarded compensation by the Workmen’s Compensation Board for injuries and disability resulting from drinking a mixture of coca-cola and benzedrine during working hours for the purpose of relieving drowsiness. The employer and its insurance carrier have appealed from the award on the ground that the alleged accident did not arise out of her employment.

The employer operated a retail optical business and employed claimant as a bookkeeper. Her place of work was confined, in fact she described it as “ dark office * * * like a cellar ”. The day of the episode was very hot, and the…