Claim of Tully v. Interstate Floor Covering Onondaga Supply Co.

Appeal from a decision of the Workers’ Compensation Board, filed March 11, 1977, which held the claimant ineligible for benefits. As the result of a one-car accident on November 9, 1975, claimant pleaded guilty to the charge of driving while intoxicated (Vehicle and Traffic Law, § 1192). Disability benefits were denied because the claimant was injured while perpetrating an illegal act (Workers’ Compensation Law, § 205). A coram nobis motion brought on behalf of the claimant was granted and his conviction of driving while intoxicated was vacated. Thereafter, he entered a plea of guilty to…