241 N.W.2d 482
No. 45996.Supreme Court of Minnesota.
April 16, 1976.
Worker’s compensation — compensation proceeding — finding death did not arise out of employment.
Certiorari upon the relation of Carol A. Gelley, widow of Richard L. Gelley, deceased employee, to review a decision of the
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Workers’ Compensation Board denying said relator’s claim for benefits against North St. Paul Maplewood School District No. 622, employer, and Aetna Casualty and Surety Company, its insurer. Affirmed.
Richard C. Smith and Larry Meuwissen, for relator.
Eugene W. Hoppe, for respondents.
Considered and decided by the court without oral argument.
PER CURIAM.
The Workers’ Compensation Board denied this claim for death benefits, finding that the employee’s death did not arise out of his employment. While eating his lunch during an unpaid lunch period at his place of his employment, the employee broke a badly decayed tooth. Several days later he died as a result of an idiopathic reaction to a local anesthetic administered in the process of extracting the tooth.
Our review of the record discloses substantial evidence from which the compensation board could conclude that the employee’s death did not arise out of his employment.
Affirmed.