MATTER OF MERCHANT v. PINKERTON'S, INC.


71 A.D.2d 735 (1979)

In the Matter of the Claim of Glenora Merchant, Appellant, v. Pinkerton's, Inc., et al., Respondents. Workers' Compensation Board, Respondent

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

July 19, 1979


Decedent was employed by Pinkerton's, Inc., as a security guard. Although he was advised by his employer concerning a rule prohibiting the carrying of firearms while on duty, decedent died as a result of an accidental discharge of a pistol he had in his possession while on duty. The board found that decedent's unauthorized carrying of a gun while on duty was a violation of a strictly enforced work rule. It was concluded by the board that decedent's fatal injury did not arise...

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