Opinion
November 28, 1951.
Appeal from Workmen's Compensation Board.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Decedent left no dependents surviving him entitled to compensation and the award directed the payment of $500 to the Vocational Rehabilitation Fund pursuant to the provisions of subdivision 9 of section 15 and the payment of $1,500 to the Fund for Reopened Cases in accordance with the provisions of section 25-a Work. Comp. of the Workmen's Compensation Law. The employer owned and operated a tenement house at 100 Attorney Street, New York City, where decedent was employed as a janitor. At about 1:00 P.M. on March 20, 1946, while fixing a leak in the rear of the furnace at the employer's building, decedent suffered first and second degree burns of the face, head, neck and arms from escaping steam. On March 25, 1946, he died as a result of the burns. The only issue raised is that the accident did not arise out of and in the course of decedent's employment. There is evidence to sustain the finding of the board that the injuries and the resultant death of decedent did arise out of and in the course of his employment. Award unanimously affirmed, with costs to the Workmen's Compensation Board.