Majority
p. 819In the Matter of the Claims of the Commissioner of Taxation and Finance of the State of New York, on Account of the Death of Alexander Dooling, et al., Respondents, against Bush Terminal Buildings Company et al., Appellants. Workmen’s Compensation Board, Respondent.
Appeal by carrier and employer from an award of death benefits. The evidence, coupled with the applicable presumptions, sustain the finding that the fall which coneededly caused the fatal injuries constituted an industrial accident within the purview of the Workmen’s Compensation Law and was not the result of an epileptic seizure. Award unanimously affirmed, with costs to the Workmen’s Compensation Board. Present — Foster, P. J., Brewster, Deyo, Bergan and Coon, JJ.