MATTER OF BARRETT v. AL CHARYN, INC

Order affirmed, with costs to respondent Workmen's Compensation Board; no opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, BURKE and FOSTER. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the claim upon the ground that it appears that the death resulted solely from the intoxication of the injured employee while on duty (Workmen's Compensation Law, § 21, subd. 4). The autopsy revealed the presence of grain alcohol of 0.35% in his brain.