The employer and carrier appeal from an award of tbe Workmen’s Compensation Board granting death benefits. Decedent was employed as a counterman in a luncheonette. It is undisputed that on August 25, 1950, be fell behind tbe counter while at work and sustained serious bead injuries which required hospitalization. After bis release from tbe hospital decedent again fell while in a subway on September 23, 1950 sustaining further bead injuries. That evening be was taken to a hospital and underwent an operation for a brain hemorrhage. He died on September 26, 1950. Upon a previous appeal to this court (284 App. Div. 1079) from an award of death benefits, we said: “There is substantial evidence connecting decedent’s death with his first fall behind tbe counter in tbe luncheonette where be then worked.” This court reversed tbe award and remitted tbe matter to tbe Workmen’s Compensation Board, however because there was no specific determination by tbe board as to whether decedent slipped and fell or fell because of a fainting spell induced by internal causes. We also said: “It may be that an award can be justified on new findings, and as to that we express no opinion.” Thereafter additional proof was taken before a referee, and in a supplemental memorandum
