MATTER OF BOUVIA v. ATL. TESTING LAB.


50 A.D.2d 680 (1975)

In the Matter of the Claim of Gloria Bouvia, Respondent, v. Atlantic Testing Laboratory et al., Appellants. Workmen's Compensation Board, Respondent

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

November 20, 1975


The appellants do not dispute the existence in the record of substantial evidence establishing that the decedent was generally in the course of his employment while driving a vehicle which he so negligently operated as to fail to negotiate a sharp right-hand turn, thus causing his fatal injuries. The sole contention of the appellants is that the fact that the decedent had consumed alcohol to an intoxicating extent either constitutes a deviation from employment or requires...

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