Claim of Commissioner of Taxation & Finance ex rel. Vocational Rehabilitation Fund v. Hotel Waldorf Astoria Corp.

Appeal by employer and its carrier from a decision and • award by the Workmen’s Compensation Board allowing $2,000 to the special funds, for the accidental death of the deceased employee, and awarding funeral benefits. The only issue arises upon appellants’ contention that the accident did not arise out of and in the course of the employment but occurred during a deviation therefrom resulting from the alleged violation of a rule of the employer prohibiting an elevator operator from leaving his elevator unattended without the permission of the elevator starter or supervisor. After the accident…