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MATTER OF MIKOLAJCZYK v. NEW YORK STATE DEP'T OF TRANSP.

51 A.D.2d 1076 (1976)

In the Matter of the Claim of Sandra Mikolajczyk, Respondent, v. New York State Department of Transportation et al., Appellants. Workmen's Compensation Board, Respondent

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

March 11, 1976

The board awarded death benefits to decedent's widow and children, finding that the fatal crash of October 24, 1969 was not caused solely by intoxication and that the death arose out of and in the course of decedent's employment. The burden of rebutting the presumption that decedent's fatal accident did not result solely from intoxication is upon appellants. (Workmen's Compensation Law, § 21, subd 4). This burden is made weightier by the record admission that deceased...

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