Claim of the Estate of Gaetano Mesi v. Ro-Siu Constr., Inc.

—Casey, J.

Appeal from a decision of the Workers’ Compensation Board, filed February 27, 1985.

Decedent was employed as a laborer at a construction site located near the waterfront. While waiting for a load of concrete to be delivered, decedent decided to go swimming, *877apparently due to the heat. Decedent developed cramps and drowned. The Workers’ Compensation Board found that when decedent drowned, he was engaged in an activity which he had been instructed not to do, and that swimming was not part of or incidental to his employment. There is proof in the record that wash-up facilities were…