(Download) "Matter Claim Slatka Srp v. Grow Kiewit-Mk Et Al." by Supreme Court of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Matter Claim Slatka Srp v. Grow Kiewit-Mk Et Al.
- Author : Supreme Court of New York
- Release Date : January 10, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Appeal from a decision of the Workers Compensation Board, filed April 1, 1982. Claimant is the widow of Frank Srp who died on October 31, 1980, as a result of a 500-foot fall down a water shaft below 100th Street and Columbus Avenue in the City of New York. Decedent was in the company of four other workmen preparing to install grout pipes at a location in this shaft some 200 feet below street level. While the work party had been warned by their foreman to avoid a particular area of the platform upon which they were to work, for some unexplained reason, decedent did not heed this warning, and when last seen alive was falling backwards through an opening in the platform to his death at the bottom of the shaft. In order to fall through this opening, a cover over this area had to be removed. There is no indication in the record how this cover was removed. It is the contention of the employer and its insurance carrier that this accident is not compensable because decedent had violated specific instructions defining the ultimate work to be done, i.e., to avoid working in the area of the open hole. Thus, by performing a prohibited act, he had removed himself from the scope of his employment (Matter of Merchant v Pinkertons Inc., 50 N.Y.2d 492). [92 A.D.2d 664 Page 665]