Claim of Brienza v. Le Chase Construction Corp.

When the matter was first before the board, it was remitted to the Referee to give the parties an opportunity of producing proof as to whether or not the site of the alleged accident occurred on a city street. Thereafter the Referee found in favor of the claimant but the board reversed and held, in part, as follows: “ In the absence of proof that the employer had failed to maintain a safe egress and ingress, and in view of the proof now submitted that the accident occurred on a public street, the Board finds that the accident did not arise out of and in the course of employment.”

The proof…