Legal Opinion
Claim of Piatek v. Plymouth Rock Provision Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 20, 1962PublishedCited by 9 opinions
1Opinion of the CourtCoon, J.
This is a so-called “ horseplay ” case in which appellants contend that decedent’s injury and death did not arise out of and in the course of his employment. It is argued that decedent was the instigator of the horseplay, and hence his dependents are barred from compensation.
Decedent worked in a meat processing plant from midnight until 8:30 a.m., and was allowed 40 minutes as a “ lunch break ” at about 5:00 a.m. During the lunch break on December 24,1958, while decedent was bending over, a coemployee applied the nozzle of a high pressure air hose to decedent’s anus and momentarily released…
2Cases cited3 opinions
- Matter of Leonbruno v. . Champlain Silk MillsNew York Court of Appeals · 1920
- Matter of Ognibene v. Rochester Manufacturing Co.New York Court of Appeals · 1948
- Claim of Burns v. Merritt Engineering Co.New York Court of Appeals · 1951
3Cited by9 opinions
- Carvalho v. Decorative Fabrics Co.Supreme Court of Rhode Island · 1976
- Prows v. INDUSTRIAL COM'N OF UTAHUtah Supreme Court · 1980
- Claim of Kotlarich v. Incorporated Village of Greenwood LakeAppellate Division of the Supreme Court of the State of New York · 1984
- Claim of Gibbs v. Orange County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 1989
- Le Doux v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1990
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