Claim of Patti v. Republic Aviation Corp.

Appeal by claimant from a decision of the Workmen’s Compensation Board denying a claim for death benefits on the ground that the board erred as a matter of law in holding that decedent’s death did not arise out of and in the course of employment. On September 18, 1959 decedent was killed when his car collided with a Long Island Railroad train. The record reveals that decedent, an inside employee who worked the 6:00 p.m. to 2:42 a.m. shift, left in his car at about 10:15 p.m. with two coemployees to have “ lunch ” at a nearby restaurant. Although the employer provided restaurant facilities on…