This case involves an appeal from a judgment affirming an award granting workmen’s compensation to the claimant widow. On April 9, 1975, claimant’s husband was employed as an insurance salesman. On this date he telephoned his supervisor at about 4 p.m. and advised he had two prospects to see in Smyrna, Georgia about 7:30 p. m. and discussed insurance rates. Later, he told claimant and a guest that he had to see two prospects in Smyrna and left home about 8 p.m. dressed in business attire. It normally would take about 20 minutes to get to Smyrna. About 9 p.m., at a gas station about 6 miles from his home, the deceased had a 5 gallon gas can filled. He then placed it on the front seat of his car. About 3 minutes later his car was discovered stopped on a street with the interior burning. A police officer testified that a tree nearby had been burned, debris was in the area of the car and the "glasses had been blown out of the car.” There was no evidence of a collision. The Fulton County deputy medical examiner gave the opinion that the cause of death was smoke inhalation and thermal burns. The 5 gallon gasoline can was found on the front floor of the car on the passenger’s side. Deceased was a nonsmoker. His car was pointing toward Smyrna when discovered burning. Deceased had been treated in 1971 at Grady and Emory Hospitals for mental problems during which periods he had revealed suicidal tendencies and had threatened *75"self-immolation.” He resumed having emotional problems in 1974, and had started seeing a psychologist in January, 1975 for mental problems. In 1974, he had financial reverses which led to his petitioning for bankruptcy. Since his employment with Equitable on February 1,1975, Mr. Triggs had only sold one policy and that to himself for $75,000 about two weeks before his death. His commissions were supposed to equal his $800 a month salary the first three months or his employment would probably terminate.
The administrative law judge found that deceased burned to death as a result of an explosion and fire in his car; that there was no possible relationship between the deceased’s driving to Smyrna to call on prospective clients and the purchase of five gallons of gasoline in a can and hauling it in the front seat; that the explosion of the can of gas was not a circumstance of deceased’s employment; that while the deceased was "allegedly” in the course of his employment at the time, his death did not arise out of his employment and his employment did not contribute to his death. An award of compensation was accordingly denied.
A majority of the full board adopted those findings "except as inconsistent with the following: . . . c. Since deceased had appointments in Smyrna and was found between his home and Smyrna headed in that direction, he was found dead or dying at a place where he could reasonably be expected to be in the performance of the duties of his employment, d. Based on all the evidence presented, a majority of the Board is unable to find any other explanation for claimant to be where he was when he met his death, e. Notwithstanding the permissible inference that the fire was caused by explosion of the can of gasoline, a majority of the Board does not infer that the explosion of the gasoline can was the cause of death.” The majority then concluded as a matter of law that: "If a person is found dead or dying in a place where he could reasonably be expected to be in the performance of his duties, a natural presumption arises that the death arose out of and in the course of the employment. General Accident &c. Ins. Co. v. Sturgis, 136 Ga. App. 260. If the presumption is unrebutted, the death is compensable. The *76presumption was not rebutted in this case.” Held:
Argued June 27, 1977 Decided November 7, 1977 Rehearing denied November 22, 1977 Richard W. Best, Clifton Woodson, for appellants. Nick Long, for appellee.The presumption in which the majority of the board engaged in awarding compensation arises only where death is unexplained. Smith v. Liberty Mut. Ins. Co., 111 Ga. App. 616 (142 SE2d 459). The evidence is undisputed and demands the finding that the deceased died by burning caused by an explosion of the gasoline can in his automobile. Thus the death was not unexplained and the board decided this case on an erroneous legal theory by applying this presumption. Secondly, the board’s finding that it "does not infer that the explosion of the gasoline can was the cause of death,” is without evidence to support it. All the evidence is to the contrary. This finding would require the arbitrary rejection of undisputed and unimpeached evidence. This cannot be done by the board. Cook v. Ga. Dept. of Revenue, 100 Ga. App. 172 (110 SE2d 552). We reverse with direction to the superior court to remand this case to the board for proceedings consistent with this opinion.
Judgment reversed with direction.
Webb, Smith, Shulman, Banke and Birdsong, JJ., concur. Deen, P. J., and McMurray, J., dissent. Quillian, P. J., not participating.