Opinion
March 16, 1949.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Brewster, Deyo and Santry, JJ. [See post, p. 865.]
The deceased was employed as a counterman in a restaurant. When the restaurant closed for the day, he asked his employer for permission to spend the night in the restaurant as his usual sleeping quarters were unavailable. The employer told him to stay in the restaurant while the employer went to get him a room for the night in a nearby hotel. The employer locked the deceased in the restaurant and went to get the room. Before the employer returned a fire of unknown origin broke out in the restaurant. The deceased was found on the floor of the restaurant suffering from burns which caused his death before reaching the hospital. The deceased was a competent counterman. There was scarcity of such workmen and the employer was interested in securing lodgings for the deceased so that he would be in shape to work the next morning. Award unanimously affirmed, with costs to the Workmen's Compensation Board.