Appellate Division of the Supreme Court of the State of New York July 7, 1983 (Claim of Milz v. J & R Amusement Corp.)

— Appeal from a decision of the Workers’ Compensation Board, filed May 20, 1981. 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