WORKERS'COMP.
Hartford Accident & Indemnity Co. v. Workers' Compensation Appeals Board
Opinion
Opinion
Kaufman, J.
Petitioner, Hartford Accident and Indemnity Company (Hartford), the workers’ compensation insurer of Walsh & Associates, seeks review of an opinion and decision of the Workers’ Compensation Appeals Board (the Board), after reconsideration, awarding the dependent widow and seven children of Starling Timothy Haynes (the decedent) death benefits on account of his death resulting from injuries sustained in a motorcycle accident while he was returning to his temporary home after attending a class required by his union’s apprenticeship program.
On review Hartford advances numerous contentions including that the evidence establishes the defense of intoxication as a matter of law; that there is no substantial evidence to support the Board’s determination the decedent came within the “commercial traveler” exception to the going and coming rule; that the injury and resulting death did not arise out of and occur in the course of the employment; that the employee was engaged in horseplay at the time of the accident so that recovery is barred; that the injury and death resulted from the employee’s intoxication so that recovery is barred; and that Hartford and the employer (the…