Claim of Cornelius v. Brock

Appeal by employer and its insurance carrier from an award of death benefits, appellants contending (1) that decedent’s fatal automobile accident did not arise out of and in the course of the employment and (2) that claimant widow had abandoned decedent and accordingly is not a “legal wife” entitled to benefits, within the statutory definition (Workmen’s Compensation Law, § 16, subd. 1-a). Decedent, a resident of Ithaca, for about 10 years prior to his death had been employed as a painter by the employer, a building contractor located in Ithaca, whose work was principally in Ithaca and…