Claim of Mikolajczyk v. New York State Department of Transportation

Appeals from decisions of the Workmen’s Compensation Board, filed May 10, 1974 and March 3, 1975. The board awarded death benefits to decedent’s widow and children, finding that the fatal crash of October 24, 1969 was not caused solely by intoxication and that the death arose out of and in the course of decedent’s employment. The burden of rebutting the presumption that decedent’s fatal accident did not result solely from intoxication is upon appellants. (Workmen’s Compensation Law, § 21, subd 4). This burden is made weightier by the record admission that deceased was in the course of his…