Matter Of Richardson v. Fiedler

67 N.Y.2d 246, 493 N.E.2d 228, 502 N.Y.S.2d 125 (1986)

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Nature of the Case

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Facts

Richardson (P) worked for Fielder Roofing, Inc. (D) as a waterproofer and roofing mechanic. One day, he fell seven stories from a building's roof and died. He had slipped on a patch of ice while attempting to remove copper fixtures to sell for himself. P received workers’ compensation because the accident occurred during the course of his employment. The Appellate Division affirmed the decision. D appealed, claiming that he should not be required to pay benefits because P was actually engaged in theft at the time of his accident, and the death resulted not from his work duties, but from 'decedent's purely personal act of stealing copper downspouts.'