Legal Opinion
Claim of Stepcic v. ADC Construction
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 2006PublishedCited by 1 opinion
1Opinion of the CourtSpain, J.
Appeal from a decision of the Workers’ Compensation Board, filed August 11, 2005, which ruled that the death of claimant’s decedent did not occur in the course of his employment and denied claimant’s application for workers’ compensation death benefits.
Claimant’s decedent was employed as a laborer to follow behind an asphalt-ripping machine, pick up pieces of asphalt and place them on the side of the road for subsequent removal. During work, decedent noticed a dumpster containing construction debris from an unrelated work site. Decedent removed what initially appeared to be a piece of steel…
2Cases cited5 opinions
- Claim of D'Accordo v. Spare Wheels & Car Shoppe of SayvilleAppellate Division of the Supreme Court of the State of New York · 1999
- 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
- Claim of Tyler v. GilbertAppellate Division of the Supreme Court of the State of New York · 1967
- Claim of Primiano v. Pep Boys ServiceAppellate Division of the Supreme Court of the State of New York · 2000
3Cited by1 opinion
- Claim of Mills v. New York State PoliceAppellate Division of the Supreme Court of the State of New York · 2007