Home > ARTICLES > Rear-Ended While Intoxicated—and Still Covered: A Careful Reading of NY’s § 10(1)

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Apr 1, 2025

Rear-Ended While Intoxicated—and Still Covered: A Careful Reading of NY’s § 10(1)

In a bizarre case that turned on the precise wording of N.Y. Workers' Comp. Law § 10(1), a state appellate court affirmed a Board decision awarding benefits to a claimant…

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Apr 1, 2025

Rear-Ended While Intoxicated—and Still Covered: A Careful Reading of NY’s § 10(1)

In a bizarre case that turned on the precise wording of N.Y. Workers' Comp. Law § 10(1), a state appellate court affirmed a Board decision awarding benefits to a claimant...

Rear-Ended While Intoxicated—and Still Covered: A Careful Reading of NY’s § 10(1) Rear-Ended While Intoxicated—and Still Covered: A Careful Reading of NY’s § 10(1)

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Dec 29, 2021

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Noting that a medical opinion need not be expressed with absolute medical certainty as long as it signified a probability of the underlying cause that was supported by a rational...

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Jun 9, 2014

Florida Court Says PTSD Patient’s Ability to Communicate Directly With Psychologist is Not “Medical Necessity”

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Apr 18, 2019

Missouri Court Affirms Award for Fall in Employer’s Parking Garage

45-Year Employee Did Not Face Similar Risk in Non-Employment Life A Missouri appellate court affirmed a decision by the state’s Labor and Industrial Relations Commission that awarded workers’ compensation benefits...

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1 Apr, 2025, 18:31
ramivou

Is coming and going covered in NY?
- 1 Apr, 2025, 18:37
  trob
  
  Thanks for the query. New York’s going and coming doctrine is similar to that in place in the majority of jurisdictions. That is to say that for employees with a fixed place of work and who are on a relatively consistent work schedule, the commute to and from the residence is outside the course and scope of the employment. Often overlooked is the fact that the employee must generally have a fixed place and time of employment. If, for example, the employee reports to one of, say two or three locations, the usual going and coming rule does not apply (although there are some decisions to the contrary).

Rear-Ended While Intoxicated—and Still Covered: A Careful Reading of NY’s § 10(1)

trob