Legal Opinion · Dissent
Claim of Richardson v. Fiedler Roofing, Inc.
New York Court of Appeals
Decided May 1, 1986Published
1DissentTitone, J.
The majority holds that where an employer tolerates conduct blatantly in violation of the Penal Law, that conduct arises out of and in the course of employment within the meaning of Workers’ Compensation Law § 10. Because I find that holding totally unacceptable, I must dissent.
Initially, where as here, the facts underlying the award of compensation are undisputed, only a question of law is presented (Matter of Paduano v New York State Workmen’s Compensation Bd., 25 NY2d 669, affg on opn at App Div 30 AD2d 1009; Matter of Kaplan v Zodiac Watch Co., 20 NY2d 537, 539; Matter of Martin v Plant,…
2Cases cited14 opinions
- Claim of Davis v. Newsweek MagazineNew York Court of Appeals · 1953
- Matter of Scholtzhauer v. . C. L. Lunch Co.New York Court of Appeals · 1922
- Claim of Seymour v. Rivera Appliances Corp.New York Court of Appeals · 1971
- Capizzi v. Southern District Reporters, Inc.New York Court of Appeals · 1984
- Claim of Pasquel v. CoverlyNew York Court of Appeals · 1958
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