Opinion
November 28, 1949.
Appeal from Workmen's Compensation Board.
The employer was engaged in the manufacture of plywood and veneer machinery. Claimant was employed as a machinist. On September 13, 1947, while in the course of his employment, claimant accidentally drank carbon tetrachloride from a bottle labeled "Barclay's Gin". The board found that on September 13, 1947, while claimant was engaged in the regular course of his employment he took a drink from a bottle marked Barclay's Gin which was offered to him by a coemployee. The bottle contained a solution of carbon tetrachloride, which was known to the coemployee but was unknown to the claimant. That as a result of drinking this substance claimant sustained accidental injuries in the nature of carbon tetrachloride poisoning and acute gastritis which caused him to be totally disabled for a period of time. The evidence discloses that the coemployee obtained permission from his foreman to take the carbon tetrachloride from the employer's supply for the purpose of cleaning a seat cover of the coemployee's automobile. The board found that claimant's injuries arose out of and in the course of his employment. That finding is sustained by the evidence. ( Matter of Leonbruno v. Champlain Silk Mills, 229 N.Y. 470; Matter of McCarthy v. Remington Rand, Inc., 275 App. Div. 866.) Award affirmed, with costs to the Workmen's Compensation Board.
On the record before us it cannot be said that the accident arose out of and in the course of the employment. ( Matter of Ognibene v. Rochester Mfg. Co., 298 N.Y. 85; Matter of Gaurin v. Bagley Sewell Co., 298 N.Y. 511.) The award should be reversed.