Majority
p. 1091In the Matter of the Claim of Michael Lynch, Respondent, against Ellaline W. Chilvers et al., Appellants. Workmen’s Compensation Board, Respondent.
This is an appeal by the employer and insurance carrier from a decision and award made by the Workmen’s Compensation Board granting compensation to the claimant herein for total disability. The claimant was employed by the
p. 1092
appellant employer in her private home as an all-round handy man and chauffeur, and also as manager of the employer’s apartment building and his duties included the maintenance of said apartment dwelling and the collection of rents from the superintendent. While proceeding to his employer’s home after performing duties at the apartment building and collecting rents, and while stepping on the stairs of a porch of said home, he slipped and tripped on a steel mat and sprained his ankle. After injuring the ankle he caught hold of the hand railing and climbed the stairs. At the top his foot gave way, causing him to fall back and roll down the stairs and to strike his left leg against the runway. As a result he sustained injuries in the nature of unconsciousness, loss of blood and traumatic amputation of the left leg. The board found that said accidental injuries arose out of and in the course of his employment. The evidence sustains the finding of the board. Award affirmed, with costs to the Workmen’s Compensation Board. Hill, P. J., Heffernan, Poster and Russell, JJ., concur; Brewster, J., taking no part.