Unity Health System, Employer
Employer: Unity Health System
No. G2181892
New York Workers Compensation
January 6, 2020
Date
of Accident: 09/24/2018
District
Office: Rochester
Carrier:
Rochester Regional Health, Carrier ID No.: W440754, Carrier
Case No.: 0026W30187
Claimant's Attorney: Steven V Modica
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 10, 2019.
ISSUE
The
issue presented for Mandatory Full Board Review is whether
claimant's accident arose out of her employment.
The
Workers' Compensation Law Judge (WCLJ) established the
claim for a concussion and an injury to the right wrist.
The
Board Panel majority reversed and disallowed the claim,
finding that claimant's accident occurred while she was
engaged in impermissible horseplay.
The
dissenting Board Panel member would affirm the WCLJ.
The
claimant filed an application for Mandatory Full Board Review
on June 7, 2019, arguing that the WCLJ decision establishing
the claim should be affirmed.
The
carrier filed a rebuttal on July 8, 2019, arguing that this
"claim should be disallowed because it does not meet any
of the exceptions for horseplay or was it a minor deviation
for a 'customary and accepted purpose.'"
Upon
review, the Full Board votes to adopt the following findings
and conclusions.
FACTS
On
September 24, 2018, claimant was injured while at work when
she fell off a delivery cart. The carrier controverted the
claim.
At a
hearing on December 7, 2018, claimant testified that she was
employed as a program secretary at a hospital. On September
24, 2018, she left her office at approximately 2:00 p.m. and
went into the hallway to get some hot water from the
cafeteria to make tea. She ran into a friend/co-worker who
had a cart and they started talking. The claimant then
stepped onto the cart, which was up against the wall, and
continued her conversation. She and...
