You are here: / / CLAIMANT’S INJURIES DID NOT ARISE OUT OF HIS EMPLOYMENT; CLAIMANT...

CLAIMANT’S INJURIES DID NOT ARISE OUT OF HIS EMPLOYMENT; CLAIMANT WAS STRUCK BY A CAR CROSSING THE STREET IN FRONT OF HIS PLACE OF EMPLOYMENT (THIRD DEPT).

The Third Department determined claimant’s injury did not arise out of his employment and he was not entitled to workers’ compensation benefits. Claimant was struck by a car in front of his place of employment:

Generally, “accidents that occur outside of work hours and in public areas away from the workplace are not compensable” … . Where an accident occurs near a claimant’s place of employment, as is the case here, “there develops a gray area where the risks of street travel merge with the risks attendant with employment and where the mere fact that the accident took place on a public road or sidewalk may not ipso facto negate the right to compensation” … . …

At the time of the accident, claimant had arrived more than one hour early for his shift, had not yet reported to work and had not been approved for overtime. Further, although the public road and parking area used by claimant when he was injured was located in front of his workplace, they were open to and used by the public “and there was no showing that [they were] otherwise controlled by the employer, that workers were encouraged to use [them] or that [they] existed solely to provide access to the workplace” … . Thus, the risk of getting hit by a car while crossing the public road was unrelated to claimant’s employment and merely constituted a danger that ” existed to any passerby traveling along the street in that location” … . Moreover, notwithstanding claimant’s assertion that his choice to drive to work and his general parking location was known to his supervisor and reduced his commute so that he could be well rested for work, “[t]here is no evidence that the method or route [he] chose served any business purpose, or that the employer benefitted from that route” … . Matter of Johnson (New York City Tr. Auth.), 2020 NY Slip Op 02521, Third Dept 4-30-20

 

You might also like
HERE THE DEFENDANT, IN HIS MOTION TO VACATE HIS CONVICTION, RAISED ISSUES ABOUT THE EXTENT OF HIS COOPERATION AND WHETHER NEW DEFENSE COUNSEL ADEQUATELY INVESTIGATED THE PROSECUTOR’S WITHDRAWAL OF THE COOPERATION AGREEMENT; THE PEOPLE’S RESPONSE DID NOT ADDRESS THESE SUBSTANTIVE ISSUES; THEREFORE COUNTY COURT SHOULD HAVE HELD A HEARING (THIRD DEPT).
Respondents Must Demonstrate Why Request Not Specific Enough For Extraction from Electronic Documents/Claim that Documents Are Exempt from Disclosure Is Not Enough to Defeat the Request—Remedy Is In Camera Review
Misconduct Serious Enough to Warrant Firing Did Not Disqualify Employee from Receiving Unemployment Benefits
CLAIMANT’S CONNECTION TO A CORPORATION WAS NOT SUFFICIENT TO WARRANT FINDING HE WAS NOT TOTALLY UNEMPLOYED.
THE DEFENDANT WAS NOT NOTIFIED HE WOULD BE CLASSIFIED AS A SEXUALLY VIOLENT OFFENDER, A VIOLATION OF HIS RIGHT TO DUE PROCESS WHICH DEPRIVED HIM OF THE OPPORTUNITY TO CHALLENGE THE DESIGNATION ON CONSTITUTIONAL GROUNDS; MATTER REMITTED (THIRD DEPT). ​
VEHICULAR MANSLAUGHTER AND ASSAULT CONVICTIONS DISMISSED AS INCLUSORY CONCURRENT COUNTS OF AGGRAVATED VEHICULAR HOMICIDE AND AGGRAVATED VEHICULAR ASSAULT (THIRD DEPT).
Road Washout Was Due to a Highway Design Issue for Which Adequate Remedial Planning Had Been Made—The Washout Was Not, Therefore, Caused by a Highway Maintenance Deficiency to Which the Negligence Standard Applies—State Entitled to Qualified Immunity Re: a Vehicle Accident Caused by a Sinkhole
No Sound Basis for Family Court’s Determination Shared Custody Was Appropriate

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

THE MOTION COURT APPLIED THE WRONG CRITERIA WHEN RULING ON WHETHER THE DEFENDANT... CLAIMANT, IN HIS APPLICATION FOR BOARD REVIEW, DID NOT SPECIFY WHEN THE OBJECTION...