Claim of Matias v. Donmoor, Inc.

Appeal from a decision of the Workers’ Compensation Board, filed August 7, 1986, which ruled that claimant was barred from receiving death benefits by Workers’ Compensation Law § 10.

On the morning of March 19, 1980, shortly after reporting to his place of employment, Raymond Matías (hereinafter decedent) approached a co-worker, Adnan Alkirwe, who had been elected to the position of shop steward the day before. *999The conversation between the two men quickly escalated into a heated exchange and they agreed to "take it outside”. As the two were heading toward a door leading outside, decedent, who…