In re PowerSecure Inc., 020320 NYWC, G2227690

Case DateFebruary 03, 2020
CourtNew York
Matter of PowerSecure Inc., Employer
No. G2227690
New York Workers Compensation
February 3, 2020
          Date of Accident: 05/07/2018          Issue: Accident arising out of and in the course of employment          District Office: NYC          Carrier: Everest National Insurance Co., Carrier ID No.: W183693, Carrier Case No.: B860081833000101600           Claimant's Attorney: Hoffman Wachtell & Rao LLP           Panel: Clarissa M. Rodriguez          MANDATORY FULL BOARD REVIEW FULL BOARD MEMORANDUM OF DECISION          The Full Board, at its meeting on January 14, 2020, considered the above captioned case for Mandatory Full Board Review of the Board Panel Memorandum of Decision filed June 25, 2019.          ISSUE          The issue presented for Mandatory Full Board Review is whether claimant's accident arose out of and in the course of his employment.          The Workers' Compensation Law Judge (WCLJ) found that the claimant was an outside employee and that his accident arose out of and in the course of his employment.          The Board Panel majority affirmed the WCLJ.          The dissenting Board Panel member would reverse and disallow the claim.          The carrier filed an application for Mandatory Full Board Review on July 25, 2019, arguing that this claim should be disallowed because claimant was injured during an unpaid lunch break while outside the control of the employer.          The claimant filed a rebuttal on August 15, 2019, arguing that he was an outside employee entitled to portal-to-portal coverage, and that his accident arose out of and in the course of his employment. Upon review, the Full Board votes to adopt the following findings and conclusions.          FACTS          On May 7, 2018, claimant was on his way to get lunch when he was involved in a motor-vehicle accident and brought this claim. The carrier controverted the claim.          At a hearing on December 7, 2018, testimony was taken of the claimant and two witnesses from the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT