MATTER OF BRAMER v. LARATONDA


8 A.D.2d 876 (1959)

In the Matter of the Claim of William Bramer, Respondent, v. Ralph Laratonda et al., Appellants. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 9, 1959


Appellants contend that the accident (1) did not arise out of and in the course of the employment and (2) was caused solely by claimant's intoxication. The board was entitled to accept claimant's testimony that the fall which resulted in his injury occurred while he was cutting a steel beam in the course of his usual work, and thus to reject the testimony of the employer and his son that the accident occurred after claimant had been told to quit because he was intoxicated...

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