MATTER OF HOLCOMB v. DAILY NEWS


60 A.D.2d 711 (1977)

In the Matter of the Claim of Anne Holcomb, Respondent, v. Daily News, et al., Appellants. Workmen's Compensation Board, Respondent

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

December 22, 1977


This is a claim for death benefits. On September 19, 1974, at about 12:15 A.M., while decedent was walking to work, he hailed and was picked up by a coemployee who was driving a company truck. In some unexplained manner, decedent fell from the truck and was killed. The board determined that decedent's accidental death arose out of and in the course of his employment. This appeal ensued. There is proof in the record that drivers regularly picked up fellow employees on their...

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