Claim of Bouvia v. Atlantic Testing Laboratory

Kane, J. (dissenting).

Respondent specifically found that decedent was intoxicated at the time of his death. This finding was firmly rooted in proof that an analysis of a blood sample taken from him shortly after death had disclosed a blood alcohol content of .20%. Although it may be concluded that decedent was driving his vehicle in the general course of his employment and that his fatal injuries were not solely occasioned by his intoxication, it cannot be denied that the board, by necessary implication, has also found that he was operating that vehicle while engaged in the commission of a…