Claim of Richardson v. Fiedler Roofing, Inc.

and votes to reverse in the following memorandum. Kane, J. (dissenting). The recitation of facts in the decision of the Workers’ Compensation Board describes, in detail, the perpetration of a larceny which was the sole and proximate cause of the death of decedent. The Board then finds, based on the testimony of decedent’s foreman, that since this type of activity is common practice in the roofing industry, it is not a deviation from or an abandonment of employment.

I cannot stretch the concept that an accident arising out of and in the course of employment includes the theft of another’s…