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ALTHOUGH THE PARKING/STORAGE AREA WHERE CLAIMANT WAS INJURED WAS NOT ON THE CONSTRUCTION SITE, THERE WAS A SUFFICIENT NEXUS BETWEEN THE PARKING/STORAGE AREA AND THE CONSTRUCTION SITE SUCH THAT CLAIMANT’S PLACE OF EMPLOYMENT EXTENDED TO THE PARKING/STORAGE AREA (THIRD DEPT).

The Third Department, reversing the Workers’ Compensation Board, determined the parking area where claimant was injured had a “sufficient nexus” with the construction site. Therefore claimant’s injury, incurred pulling the gate to the parking/storage area, arose from petitioner’s employment:

Although the parking area where claimant was injured was not part of the construction site, and notwithstanding the fact that the injury occurred after claimant’s shift had ended for the day, claimant’s uncontradicted testimony demonstrates that he was instructed to park in that area. Moreover, because claimant also testified without contradiction that the general contractor stored building materials in the at-issue area and restricted the public’s access to that area, there was a sufficient nexus in time and place between the construction site and the parking area such that claimant’s place of employment — i.e. the construction site — extended to the parking area where claimant’s injury occurred, and “claimant was [thus] exposed to a risk not shared by the public generally” … . Matter of Espinoza v City Safety Compliance Corp., 2023 NY Slip Op 05172, Third Dept 10-12-23

Practice Point: The Third Department determined the parking/storage area across from the construction site should be considered part of claimant’s place of employment. Therefore, his injury, which stemmed from claimant’s opening or closing the gate to the parking/storage area, arose from his employment.

 

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