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MATTER OF MILZ v. J & R AMUSEMENT CORP.

96 A.D.2d 607 (1983)

In the Matter of the Claim of Roseanna M. Milz, Respondent, v. J & R Amusement Corporation et al., Appellants. Workers' Compensation Board, Respondent

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

July 7, 1983

The only issue presented on this appeal by the employer and its carrier is whether the presumption that, in the absence of substantial evidence to the contrary, an injury did not result solely from the intoxication of the injured employee while on duty (Workers' Compensation Law, § 21, subd 4) has been overcome by the evidentiary pattern developed before the hearing officer and reviewed by the board. In its decision, a majority...

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