Claim of Blanchard v. Eagle Nest Tenancy In Common
Claimant's decedent, a superintendent for Eagle Nest Tenancy In Common, died in an unwitnessed one-car motor vehicle accident on the employer's premises. His widow filed a claim for workers' compensation benefits, arguing his death was causally related to his employment. Both the Workers' Compensation Law Judge and the Board affirmed this finding, prompting an appeal by the employer's insurance carrier. The carrier contested that the accident occurred "in the course of employment," despite testimony suggesting the decedent intended to address maintenance issues after returning home. The Appellate Division affirmed the Board's amended decision, finding sufficient evidence to support that the accident occurred in the course of employment, especially given the presumption afforded to unwitnessed accidents within the scope of employment under Workers' Compensation Law § 21.