MATTER OF STEPCIC v. ADC CONSTRUCTION


35 A.D.3d 1052 (2006)

825 N.Y.S.2d 834

In the Matter of the Claim of BRUNA STEPCIC, Appellant, v. ADC CONSTRUCTION et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

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

Decided December 21, 2006.


Spain, J.

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 but was actually a shotgun from a box on top of the dumpster and showed it to a coworker. The shotgun then discharged...

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