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CLAIMANT WAS ASSAULTED ON TRANSIT AUTHORITY PROPERTY WHILE WEARING HER TRANSIT AUTHORITY UNIFORM, ALTHOUGH SHE WAS COMMUTING TO WORK, HER COMMUTE HAD NOTHING TO DO WITH HER WORK, WORKERS’ COMPENSATION BENEFITS PROPERLY DENIED (THIRD DEPT).

The Third Department determined claimant, who worked for the NYC Transit Authority, was not entitled to Workers’ Compensation benefits for injuries suffered in an assault on the way to work. Although she was wearing her uniform and was on Transit Authority property when she was assaulted, her commute to her work station was deemed to have no connection to her work for the Transit Authority:

“An injury is only compensable under the Workers’ Compensation Law if it arose out of and in the course of a worker’s employment and, in general, injuries sustained in the course of travel to and from the place of employment do not come within the statute” … . Injuries incurred while commuting to work are generally not covered because “the risks inherent in traveling to and from work relate to the employment only in the most marginal sense” … . There are recognized exceptions but, here, substantial evidence supports the Board’s determination that claimant’s injuries sustained while commuting are not compensable, as none of the relevant exceptions to this rule applies … .

According to claimant, the assault occurred almost an hour before the start of her shift, on her way to work, before signing in at her assigned station as required at the start of her shift. The employer neither encouraged nor benefitted from her commute route. Thus, at the time of the assault, claimant was not yet on duty or at her assigned station and was not performing any duties of her employment or undertaking an errand for the employer … . Although claimant had opted to wear her work uniform on her commute, she was not required to do so, nor was she required to use public transportation to get to work. The employer provided a transportation pass, but there was no evidence that it was contractually bound to provide free transit, and the use of the pass did not make claimant’s commute a part of her employment… . Rather, at the relevant time, claimant was a commuter using the subways like the general public and, while she was on property owned and operated by the employer, substantial evidence supports the Board’s determination that this did not establish a casual connection between her employment and the assault … . Matter of Rodriguez v New York City Tr. Auth., 2018 NY Slip Op 03887, Third Dept 5-31-18

​WORKERS’ COMPENSATION LAW (CLAIMANT WAS ASSAULTED ON TRANSIT AUTHORITY PROPERTY WHILE WEARING HER TRANSIT AUTHORITY UNIFORM, ALTHOUGH SHE WAS COMMUTING TO WORK, HER COMMUTE HAD NOTHING TO DO WITH HER WORK, WORKERS’ COMPENSATION BENEFITS PROPERLY DENIED (THIRD DEPT))/COMMUTE (WORKERS’ COMPENSATION LAW, CLAIMANT WAS ASSAULTED ON TRANSIT AUTHORITY PROPERTY WHILE WEARING HER TRANSIT AUTHORITY UNIFORM, ALTHOUGH SHE WAS COMMUTING TO WORK, HER COMMUTE HAD NOTHING TO DO WITH HER WORK, WORKERS’ COMPENSATION BENEFITS PROPERLY DENIED (THIRD DEPT))

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