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Employee?s application for workers? compensation benefits based an injury suffered during her lunch hour denied as not work related

Matter of Grant v New York City Tr. Auth., 2010 NY Slip Op 02056, Decided on March 18, 2010, Appellate Division, Third Department

Marquette L. Grant, a NYC Transit Authority employee, walked across the street from the station to a deli to purchase something to drink. While at the deli Grant and the deli clerk were both robbed at gunpoint.

Grant subsequently applied for workers' compensation benefits, claiming that she suffers from psychiatric disabilities as the result of the traumatic experience. A Workers' Compensation Law Judge found that Grant had sustained an injury that arose out of and in the course of her employment and awarded her workers? compensation benefits. On appeal, the Workers' Compensation Board, however, disagreed and reversed the decision, prompting Grant?s seeking a court order overturning the Board?s determination.

The Appellate Division dismissed Grant?s appeal, affirming the Board?s decision to deny her workers? compensation benefits.

The court said that in order for an injury to be compensable, it must have arisen out of and in the course of employment, citing Workers' Compensation Law §10.

Significantly, said the court, "[l]unchtime injuries are generally deemed to occur outside the scope of employment except under limited circumstances where the employer continues to exercise authority over the employees during the lunch break."

In this instance the record indicated that Grant had discretion over where she spent her lunch break. As the incident giving rise to her claim occurred away from her place of employment and no evidence was produced that the employer retained authority or control over her during that time or benefited from her going to the deli, the Appellate Division ruled that the Board's conclusion that Grant's injury did not arise out of and in the course of her employment is supported by substantial evidence.

Full post as published by New York Public Personnel Law on March 22, 2010 (boomark / email).