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...