Claim of Kessler v. Fairmont Theater, Inc.

Mikoll, J. P.

Appeal from that part of a decision of the Workers’ Compensation Board, filed June 23, 1997, which ruled that claimant did not sustain an accidental injury in the course of his employment and denied his claim for workers’ compensation benefits.

*889Claimant was employed for two days in 1986 as a projectionist at a movie theater. His employment was terminated after he failed to show a scheduled film and was ultimately found lying on the floor of the projection booth in an intoxicated condition next to unidentified third party. In March 1987, claimant applied for workers’ compensation…