Appellate Division of the Supreme Court of the State of New York December 20, 1971 (Claim of Fish v. Torrington Construction Co.)

Appeal by the employer and its insurance carrier from a decision of the Workmen’s Compensation Board, filed December 29, 1970 as amended March 31, 1971. This is a claim for death benefits. The sole issue raised on this appeal is whether the fatal accident arose out of and in the course of decedent’s employment. The board found that it did.