Claim of Cargain v. Poritzky's Meat Co.

Appeal from a decision of the Workmen’s Compensation Board, filed March 26, 1976. The employer and its carrier appeal from the decision of the board awarding death benefits to two minor children of the deceased employee based upon findings that the severe nature of the injuries to his skull and the extent of brain damage indicated a precipitous fall; that the fact that no one can explain the reason for the accidental injury together with the presumptions under section 21 of the Workmen’s Compensation Law leads to the legal conclusion that the accident arose out of and in the course of…