Claim of Barth v. Cassar

Claimant’s deceased husband was working as a taxi driver for the employer when he was shot and killed by an armed robber during the early morning hours of September 21, 1968. The employer, who was represented by counsel, controverted the claim, contending, inter alia, that the assault had been motivated by a personal animosity between the assailant and the decedent, wherefore the death did not arise out of the employment. All issues were fully litigated and resulted in an award to claimant. The only evidence tending to prove that the decedent had been the object of his assailant’s personal…