Judge James P. King of Albany found that ladders would have been available if the workman had been willing to call for them and to delay his descent. And he concluded that the worker’s failure to do so amounted to a “deliberate refusal” to use safety devices.

“It is difficult not to concludethat both claimant and his co-worker were ‘show-boating’ to a certain extentand had no intention of using any safety devices that may have been available. Both of them stated that ‘it was the quickest way to get to the ground,’”Judge King wrote in Harrington v. State of New York, Claim No. 90668.

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