Opinion
November 5, 1970
Appeal from decisions of the Workmen's Compensation Board, filed July 29, 1969, as amended March 10, 1970, and December 17, 1969. In the early hours of January 2, 1968, the decedent, a bartender, was found shot to death in his parked automobile located in front of his place of employment. The record reveals he normally worked until 2:00 A.M. and took the day's receipts home with him on instruction from his employer because of several prior burglaries. On the day in question the receipts, according to the cash register tape and day book, amounted to $70.95. The only money found on the decedent was approximately $16. The cash register was open and empty. The board found that appellant did not overcome the presumption created by section 21 Work. Comp. of the Workmen's Compensation Law. On this record there were sufficient facts to permit the board to find that the decedent was a victim of robbery, which arose out of and in the course of his employment. Decisions affirmed, with costs to the Workmen's Compensation Board. Herlihy, P.J., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur.