Claim of Carroll v. Provenzano

An employer and his insurance carrier appeal from a decision and award of the Workmen’s Compensation Board contending that it “ erred as a matter of law in finding that the accident arose out of and in the course of employment ”.

Claimant, employed as a bartender, ordinarily worked a six-day week which excluded Sunday. His remuneration included a daily meal provided by the employer and eaten by claimant on the premises. On Saturday, February 17, Í962 the employer, shorthanded because of the absence on vacation of a bartender who customarily worked the Sunday shift, requested claimant to take…