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)

Case comment

Jan 23, 2020

Blowing Both Hot and Cold: When Can Florida Employer Deny Comp Claim and Later Say Tort Action is Barred by Exclusive Remedy Rule?

Yesterday, a Florida appellate court held an employer and a co-employee were not estopped to raise the exclusive remedy defense in a civil action filed against them by a plaintiff...

Blowing Both Hot and Cold: When Can Florida Employer Deny Comp Claim and Later Say Tort Action is Barred by Exclusive Remedy Rule? Blowing Both Hot and Cold: When Can Florida Employer Deny Comp Claim and Later Say Tort Action is Barred by Exclusive Remedy Rule?

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Feb 24, 2022

Florida Court Re-examines Valcourt-Williams “Increased Risk” Analysis

A Florida appellate court held that a state JCC had erred when the JCC denied compensability of a claim in which an employee suffered an unexplained fall as she walked...

Florida Court Re-examines Valcourt-Williams “Increased Risk” Analysis Florida Court Re-examines Valcourt-Williams “Increased Risk” Analysis

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Jan 22, 2024

Virginia’s 24-Month Reopening Period is Tolled While Employer Pays Full Wages for Light Work

Virginia’s 24-Month Reopening Period is Tolled While Employer Pays Full Wages for Light Work Virginia’s 24-Month Reopening Period is Tolled While Employer Pays Full Wages for Light Work

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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