Claim of Bowers v. Long Island Lighting Co.

Appeal by claimant from a decision of the Workmen’s Compensation Board which denied death benefits on the ground that decedent’s death was due solely to his intoxication, and that the presumption under sub*720division 4 of section 21 of the Workmen’s Compensation Law, had been overcome by substantial evidence. Decedent was engaged in some work on an appliance in a customer’s home. There is ample evidence that he was drinking while on the job; that he was abusive, staggered, fell to the pavement outside the home, and generally appeared to be very much intoxicated. Despite protests from fellow…