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Exception to the exclusion of a ?pre-reporting for work accident? for the purposes of receiving workers? compensation benefits

Exception to the exclusion of a ?pre-reporting for work accident? for the purposes of receiving workers? compensation benefits
Matter of O'Neil v City of Albany Police Dept., 2011 NY Slip Op 00759, Appellate Division, Third Department

In general, accidents that occur outside of work hours and in public areas away from the workplace are not compensable. However, there is an exception to this general rule when the individual suffers an injury near the work site and the injury was the result of ?an incident and risk of employment.? The O?Neil case illustrates the application of this exception to the general rule.

Theresa A. O?Neil, a City of Albany police officer, was expected to be present at roll call each morning at 8:15 A.M. to receive her duty assignment for the day. About 15 minutes before roll call O?Neil suffered an injury when she was in her private vehicle that was parked on a public street in the course of her reaching for a bag containing both personal and work-related items that was in her car.

The ?work-related items? included O?Neil?s police radio, handcuffs and Penal Law books, all of which she needed to perform her duties as a police officer.

The ?personal items? included O?Neil?s cans of soda, her lunch, spare clothing and ?a variety of other personal items.?

O?Neil admitted that she was not required to bring her work-related equipment home and could have left these things in a locker at work. However, she said that she ?elected to keep them in her car while off-duty so she would always know where they were.? She also conceded that she was not considered to be "on duty" until the moment she entered the police station.?

The Workers? Compensation Board ruled that O?Neil had not sustain the underlying injury as the result of ?an incident or risk of her employment? and dismissed her application for workers? compensation benefits.

The Appellate Division agreed.

In this instance, said the court, O?Neil?s injury did not fall within an exception to the general rule that the accident or injury must have occurred while the individual was "on the job.

Although there is a so-called "gray area" exception that might be relevant when the accident or injury occurred near the work site, the Appellate Division pointed out that the test of compensability becomes "whether the accident happened as an incident and risk of employment," citing Matter of Husted v Seneca Steel Serv., 41 NY2d 140.

In this instance, said the court, O'Neil's accident did not fall within the "gray area" exception to the general rule.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2011/2011_00759.htm
.

Full post as published by New York Public Personnel Law on February 16, 2011 (boomark / email).