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MATTER OF MESI v. RO-SIU CONSTR., INC.

117 A.D.2d 876 (1986)

In the Matter of the Claim of The Estate of Gaetano Mesi, Appellant, v. Ro-Siu Construction, Inc., et al., Respondents. Workers' Compensation Board, Respondent

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

February 13, 1986

Casey, J.

Decedent was employed as a laborer at a construction site located near the waterfront. While waiting for a load of concrete to be delivered, decedent decided to go swimming, apparently due to the heat. Decedent developed cramps and drowned. The Workers' Compensation Board found that when decedent drowned, he was engaged in an activity which he had been instructed not to do, and that swimming was not...

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