MATTER OF MUNZ v. L. & J. PLUMBING & HEATING CO., INC.


49 A.D.2d 977 (1975)

In the Matter of the Claim of Gloria Munz, Appellant, v. L. & J. Plumbing & Heating Company, Inc., et al., Respondents. Workmen's Compensation Board, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 30, 1975


Decedent, a plumber, following his separation from his wife, moved into a building owned by his employer. Subsequently, he died assertedly from an after hours fall down some stairs while attempting to use the lavatory or to enter the basement area. The board found that the arrangement for the decedent to live in the employer's building was for the decedent's own benefit, he was off-duty at the time of the accident, and thus that his death was not compensable. This determination...

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