MATTER OF SMITH v. LSI LIGHTING SERVICES


291 A.D.2d 606 (2002)

738 N.Y.S.2d 110

In the Matter of the Claim of JAMES A. SMITH, Appellant, v. LSI LIGHTING SERVICES et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided February 7, 2002.


Mercure, J.

Claimant, a machine operator, was standing on a platform next to the machine he was operating when, according to an eyewitness, "all of a sudden, he started tilting to the side" and fell three or four feet to the floor. He sustained a head injury which left him totally disabled and unable to speak. Based upon the intoxication defense asserted by the employer (see, Workers' Compensation Law § 10 [1]), the Workers' Compensation Board concluded...

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