Matter of ABM, Employer
No. G2256749
New York Workers Compensation
January 6, 2020
Date
of Accident: 07/17/2018
Issue:
Accident arising out of and in the course of employment
District
Office: NYC
Carrier:
Indemnity Ins. of N America, Carrier ID No.: W112502, Carrier
Case No.: C375C757448X
Claimant's Attorney: Bangel Cohen & Falconetti
Panel:
Clarissa M. Rodriguez
MANDATORY
FULL BOARD REVIEW FULL BOARD MEMORANDUM OF DECISION
The
Full Board, at its meeting on December 17, 2019, considered
the above captioned case for Mandatory Full Board Review of
the Board Panel Memorandum of Decision filed May 3, 2019.
ISSUE
The
issue presented for Mandatory Full Board Review is whether
the claimant sustained an accident in the course of her
employment.
The
Workers' Compensation Law Judge (WCLJ) found that the
claimant, who was injured while across the street from her
employer's premise while on a break, was not in the
course of her employment at the time of her accident and
disallowed the claim.
The
Board Panel majority affirmed the WCLJ.
The
dissenting Board Panel member would find that the claimant
remained in the course of her employment when the accident
occurred and would establish the claim for injuries to the
neck and back.
The
claimant filed an application for Mandatory Full Board Review
on June 3, 2019, arguing that her break was more like a
coffee break than a lunch break, and that she remained in the
course of her employment at the time of the accident.
The
carrier filed a rebuttal on July 3, 2019, arguing that the
record supports the finding that claimant's accident
occurred during her off-premises lunch break and was,
therefore, not compensable.
Upon
review, the Full Board votes to adopt the following findings
and conclusions.
FACTS
Claimant
filed a C-3 (Employee Claim) on August 14, 2018, alleging
that on July 17, 2018, while working as an office...
