(DOWNLOAD) "Matter Jane Kaylor v. 133 East 80Th Street Corporation Et Al." by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Jane Kaylor v. 133 East 80Th Street Corporation Et Al.
- Author : Supreme Court of New York
- Release Date : January 14, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
On April 25, 1971, the decedent was working a 4:00 P.M. to midnight shift as a porter-doorman in the employers building. About 11:30 P.M. one Berrios, who was employed on the midnight to 8:00 A.M. shift as doorman, appeared. Berrios testified that decedent informed him that it was his last night of work for the employer, and then began slapping him. Berrios testified that he attempted to defend himself, whereupon decedent obtained a baseball bat from a nearby storage room and struck Berrios on the face and arms. Berrios stated that he then warned decedent that he had a gun, but when decedent continued the assault, Berrios fatally shot him. Decedents widows claim is controverted on the ground that decedent did not have an accident arising "in the course of" and "out of" the employment. Since decedents death occurred while he was on duty in his place of employment, it arose "in the course of" the employment, and an accident occurring in the course of employment is presumed to have arisen out of that employment (Matter of Valenti v. Valenti, 28 A.D.2d 572). The board found that there was no substantial evidence to overcome the presumption created by section 21 of the Workmens Compensation Law that the claim arose in and out of the employment. Since the primary factual issue raised before the referee relates to whether the altercation was work-related or whether decedent intended to assault Berrios for personal reasons, it is also implicit in the boards decision that section 21 was applied to invoke the presumption [43 A.D.2d 999 Page 1000]