In the Matter of the Claim of Anna Richardson, Respondent v. Fiedler Roofing, Inc., Appellants. Workers’…

Summary

The Court affirmed the Appellate Division, holding that the decedent's death arose out of and in the course of his employment and that Workers' Compensation Law § 10 does not exclude benefits when the employee was engaged in an illegal activity that the employer tolerated. The decision rests on the reasonableness test for activities while waiting for work and the statutory history showing no intent to limit liability for illegal conduct. A dissent argued that the theft was an unreasonable personal act and should preclude compensation.