Stojak v. Commonwealth

Opinion by

Judge Craig,

Claimant-widow Patricia Stojak appeals the dismissal of her fatal claim petition by the board,1 which affirmed the referee’s conclusion that her husband’s death was not related to and did not arise in the course of his employment.2

Decedent, who was a laborer for Bunge Corporation, had reported to work at 8:00 p.m. on December 23, 1976 at the company plant. He was killed on December 24,1976 at 2:45 a.m., when his car went off the highway and struck a utility pole. Decedent was intoxicated at the time of the accident, with a blood alcohol level of .203%.

The claimant-widow…