In the Matter of the Claim of Bruce Matter
Claimant Bruce A. Matter, an account executive for Google Inc., sustained a traumatic brain injury in October 2021 after being struck by motorized bicycles while returning from an employer-encouraged "Happy Hour" event. The employer and its carrier disputed the claim, arguing the accident did not arise out of or in the course of employment. A Workers' Compensation Law Judge initially disallowed the claim, but the Workers' Compensation Board reversed, finding a causal nexus due to the employer's derived benefit from the event and the altered travel risks it entailed. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that the employer benefited from the claimant's participation and that the event altered his usual travel, increasing the risk of injury.