NY Truck Driver's Reckless Driving Does Not Defeat Her Claim
A New York appellate court affirmed a decision by the state's Workers' Compensation Board that awarded benefits to a New York-based truck driver who sustained injuries in a roll-over accident in Ohio in spite of strong video evidence that showed she had exited the highway at 67 mph and the posted speed limit for traffic on the exit was 35 mph [Matter of McGee v. Johnson Equip. Sales & Serv., 2020 N.Y. App. Div. LEXIS 3254 (3d Dept. June 4, 2020)]. While her conduct may have been reckless, said the court, the Board was within its discretion in finding that her actions had not been the sort of willful intent to injure herself as to warrant disqualification.
Background
Claimant, a truck driver, sought workers' compensation benefits after she was injured in an October 2016 Ohio vehicle accident, when she lost control of the tractor trailer she was driving and it rolled over. The employer and its workers' compensation carrier ("the carrier") controverted the claim, arguing that under N.Y. Workers' Comp. Law § 10(1), claimant intended to cause her injury.
Video of Accident Was Recorded
According to the accident report of an Ohio highway patrol officer, claimant advised the officer that she was driving in the right lane of a three-lane highway. As she approached her exit, she came upon two slower moving vehicles in her lane. According to the report and claimant's testimony, she moved into the center lane to pass the vehicles when one of them sped up and, by the time that claimant could move back into the right lane, she had reached the exit. Video footage shot by cameras facing claimant reflected that claimant entered the exit ramp traveling at 67 mph, and the ramp had a marked speed limit of 35 mph. According to the video, claimant slowed to 47 mph, but was unable to maintain control of her vehicle as the ramp turned sharply to the right, causing her vehicle to roll over.
Carrier's Contentions
The carrier argued that by exiting the highway at such a high rate of speed, claimant's actions were so reckless as to constitute a willful intent to hurt herself or others. The carrier also relied on the fact that a post-accident drug screen revealed the presence of cocaine in claimant's system.
WCLJ and Board Say Injuries Were not Willful
Notwithstanding the carrier's contentions, the WCLJ established the claim for an injury to claimant's back. In an amended decision, the Board affirmed the establishment of the claim, but rescinded the direction for continuing awards after October 12, 2016, finding that claimant had voluntarily removed herself from the labor market as of that date. The carrier appealed.
Presumption That Injury Was Not Willful
Citing N.Y. Workers' Comp. § 21(3), the appellate court observed that in the absence of substantial evidence to the contrary, it was presumed that the injury was not occasioned by the willful intention of the injured employee to bring about the injury or death of himself/herself or of another. The burden, therefore, was on the carrier to show willfulness.
The court noted that there was no indication in the record as to when claimant ingested the cocaine or the extent that the amount of the drug in her system would have affected claimant's driving ability or decision-making. The court added that substantial evidence supported the Board's determination that, although claimant exhibited bad judgment by traveling at too high a rate of speed when she merged onto the exit ramp, her actions were not so reckless as to infer a willful intent to cause injury to herself so as to rebut the presumption of compensability.
Comment
This decision is within the mainstream of American jurisdictions. Awards have been made to employees who failed to wear seatbelts or turn on their headlights [see Larson's Workers' Compensation Law, § 38.06, n. 9.2, et seq.; § 37.03].