Mintiks v. Metropolitan Opera Ass'n

Kane, J. (dissenting).

We are not persuaded that this matter should be remitted to the Board for further proceedings.

The majority accepts the Board’s findings that decedent’s attempted rape and murder by her coemployee occurred in the course of her employment, but concludes that the circumstances "strongly support an inference that the motivation for the attack was unrelated to either Crimmins’ or decedent’s employment”. They then criticize the Board for failing to consider "this uncontroverted evidence for its potential to rebut the statutory presumption of compensability”. After making other…