Claim of Merchant v. Pinkerton's, Inc.

Greenblott, J. P., and Herlihy, J.,

dissent and vote to affirm in the

following memorandum by Herlihy, J. Herlihy, J. (dissenting). The board in its decision concluded as follows: "Upon review, the Board Panel finds on the basis of the credible evidence in the record that the decedent’s unauthorized carrying of a gun while on duty was a violation of a strictly enforced work rule and the fatal injury that resulted therefrom did not arise out of and in the course of the employment.” The board made no specific finding, but it is undisputed on this appeal that the claimant’s death was neither a…