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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Claim of Dziedzic v. Orchard Park Central School District

A kindergarten teacher died in an automobile accident while traveling to school after purchasing classroom supplies. The Workers' Compensation Board ruled that her death arose out of and in the course of her employment, granting death benefits. The employer and its carrier appealed, arguing that travel to and from work is not compensable. The Court affirmed the Board's decision, applying the "special errand" exception. It found substantial evidence that the employer encouraged and benefited from teachers purchasing materials outside school, distinguishing it from cases where the employer provided the items. The court concluded that neither lack of prior knowledge of the specific errand nor the completion of the errand before the accident precluded the application of the special errand exception.

Workers' CompensationSpecial Errand ExceptionCourse of EmploymentAutomobile AccidentTeacherClassroom SuppliesEmployer BenefitEncouragementCompensabilityDeath Benefits
References
4
Case No. MISSING
Regular Panel Decision

Claim of Teles v. Westbury S & S Concrete Inc.

Claimant's errand was considered complete upon returning the injured worker to the job site. The judge dissents from the majority, arguing that the subsequent homeward journey was a personal activity and not implicitly required as part of the errand, thus falling outside the scope of employment. The judge emphasizes that the timing of the claimant's return to the job site was fortuitous and should not alter the compensability of the homeward trip. Therefore, the dissenting judge believes the claim should be dismissed as the journey was not an integral part of the initial employment-related errand.

scope of employmentworkers' compensationdissenting opinionpersonal activityhomeward journeycompensabilityerrand completionjob site returnclaim dismissal
References
1
Case No. 533860
Regular Panel Decision
Apr 14, 2022

In the Matter of the Claim of Quinton Waters

Quinton Waters, a station agent, was injured in a bicycle accident while traveling to an overtime assignment. The Workers' Compensation Law Judge (WCLJ) initially deemed the claim compensable under the 'special errand' exception. However, the Workers' Compensation Board reversed this decision, ruling that the injury did not arise out of and in the course of employment and did not fall under the 'outside employee' exception. The Appellate Division found that the Board failed to address the 'special errand' exception, which was the WCLJ's original basis for awarding benefits. Consequently, the Appellate Division reversed the Board's decision and remitted the matter for further proceedings to determine the applicability of the special errand exception.

Workers' CompensationSpecial Errand ExceptionOutside Employee ExceptionScope of EmploymentTravel to Work InjuryOvertime AssignmentBicycle AccidentTraumatic Brain InjuryBoard ReversalAppellate Division
References
5
Case No. MISSING
Regular Panel Decision

Claim of Oehley v. Syracuse Boys Club

This case involves an appeal from a Workers' Compensation Board decision that awarded death benefits to a claimant. The decedent, a program director, died from a skull fracture after leaving a special work errand at a fund-raising auction. The Board initially found that the death arose out of and in the course of employment, applying a presumption due to the special errand and disregarding testimony of personal deviation. However, the court reversed this decision, finding substantial evidence that the decedent had deviated from his employment-related trip for personal activities, including a personal meeting and subsequent intensive drinking. Consequently, the court held that the death did not occur while on a special errand and dismissed the claim for benefits.

Workers' CompensationSpecial Errand DoctrineDeviation from EmploymentPersonal IndulgenceCausal ConnectionCourse of EmploymentArising Out of EmploymentHomicideIntoxicationAppellate Review
References
13
Case No. MISSING
Regular Panel Decision

Claim of Borgeat v. C & A Bakery

In October 2006, the claimant's husband, a delivery driver, died in a motor vehicle accident after his regular work shift. The claimant sought workers' compensation death benefits, alleging the decedent was on a special errand for his employer. A Workers' Compensation Law Judge initially awarded benefits, a decision affirmed by the Workers' Compensation Board, which the employer subsequently appealed. The court examined whether the injury arose out of and in the course of employment, specifically focusing on the 'special errand' exception. Testimony and evidence, including the discovery of a cake box in the decedent's car, supported the Board's finding that the death was causally related to his employment. The court ultimately affirmed the Board's decision, finding substantial evidence for the special errand.

Death Benefits ClaimSpecial Errand DoctrineMotor Vehicle FatalityEmployment-Related InjuryWorkers' Compensation AppealCausationSubstantial Evidence ReviewOff-Duty AccidentDelivery ServicesJudicial Review
References
5
Case No. 2023 NY Slip Op 02725 [216 AD3d 1333]
Regular Panel Decision
May 18, 2023

Matter of Serrata v. Suffolk County Police Dept.

Claimant, a detective sergeant, was injured in a car accident while en route to the precinct to secure a police vehicle for a grand larceny investigation. The Workers' Compensation Board initially denied his claim, stating the injury did not arise out of and in the course of employment, and the special errand exception did not apply. The Appellate Division, Third Department, reversed this decision, finding that the claimant's altered temporal travel scheme due to being called in early while on standby constituted a special errand, making his injury compensable under the Workers' Compensation Law. The matter was remitted to the Board for further proceedings.

Workers' CompensationSpecial Errand ExceptionCommuting InjuryScope of EmploymentAppellate DivisionThird DepartmentPolice OfficerStandby DutyCar AccidentRemittal
References
13
Case No. MISSING
Regular Panel Decision

Claim of Carney v. Regal Dry Cleaners

A front counter supervisor for a dry cleaning business sustained injuries in an automobile accident while on her lunch break. She had offered to pick up lunch for her coworkers, and allegedly her supervisor asked her to pick up lunch for him. While returning to work with both lunches, she was involved in an accident and filed a claim for workers’ compensation benefits. The Workers’ Compensation Board denied the claim, finding her injuries did not arise out of and in the course of her employment as her activities did not constitute a 'special errand' for the employer. The appellate court affirmed this decision, noting no evidence that the supervisor affirmatively solicited the lunch purchase, and that the claimant was already planning a personal errand.

Workers' CompensationAutomobile AccidentLunch BreakSpecial Errand ExceptionCourse of EmploymentArising Out of EmploymentPersonal ErrandEmployer BenefitSolicitationAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Claim of Schuyler v. City of Newburgh Fire Department

Claimant, having sustained a work-related back injury, was involved in a motor vehicle accident while off-duty. Prior to the accident, he attended physical therapy for his back and picked up his paycheck from his employer. Subsequently, he embarked on personal errands, stopping at a bank and a bike shop before the accident occurred on his way home. The Workers’ Compensation Board determined that the injuries from the motor vehicle accident were not compensable, asserting that the personal errands broke the causal connection to his employment. The appellate court affirmed this decision, finding the Board's conclusion rational despite the initial work-related aspects of the trip.

Workers' CompensationMotor Vehicle AccidentOff-duty InjuriesCausal ConnectionPersonal ActivityScope of EmploymentAppellate AffirmationTrip DeviationPhysical TherapyPaycheck Collection
References
3
Case No. MISSING
Regular Panel Decision

Claim of Harford v. Widensky's, Inc.

Patricia Harford, a sales clerk, died in an automobile accident in front of her employer's store. The central issue was whether her death occurred during the course of employment, specifically if her lunch break, during which she was allegedly on a coffee errand for her employer, constituted an interruption of employment. The Workers' Compensation Board found the accident compensable, reasoning that the errand and the employer-convenient lunch break maintained her within the scope of employment. The appellate court affirmed, upholding the Board's reliance on a vice-president's statement despite formal evidence rules and finding substantial evidence for the Board's determination that the lunch arrangement did not interrupt employment.

Workers' CompensationScope of EmploymentLunch BreakSpecial ErrandCredibility DeterminationSubstantial EvidenceAdministrative LawCompensabilityAppellate ReviewNew York Law
References
6
Case No. MISSING
Regular Panel Decision

Claim of D'Avilar v. New York University School of Medicine

In August 2005, a claimant sustained a work-related right knee injury requiring surgery and physical therapy. While finishing therapy at the Hospital for Special Surgery on July 28, 2006, she slipped in the cafeteria injuring her left knee and back during a personal errand to buy coffee. A Workers’ Compensation Law Judge initially found these subsequent injuries consequential. However, the Workers’ Compensation Board reversed, ruling the injuries non-compensable due to occurring during a personal pursuit. The Appellate Division affirmed the Board's decision, concluding that the causal connection between the claimant's employment and her off-duty injuries was severed once she engaged in a personal errand.

Workers' CompensationAppellate DivisionConsequential InjuriesPersonal ErrandCausal ConnectionSlip and FallPhysical TherapyBoard DecisionAffirmedScope of Employment
References
5
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