The opinion
*153 OLSZEWSKI, Judge,
dissenting:
I respectfully dissent. I find that the contract language “arising out of or resulting from the performance of the work,” encompasses Roland’s minor deviation from his duties. Roland’s work for GESCO in this case required him to be in close proximity with the elevator which malfunctioned and caused his death. That Roland was taking a break as part of his lunch hour during the performance of the work is not, in my opinion, sufficient to take Roland’s actions outside the contractual definition of “the. work.” Therefore, I would find that the indemnification obligation applies in this case.