Workers’ Compensation: Cardone v. Interstate Drywall

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Appellate Division, Third Department

Workers’ Compensation

Course of Employment — Fixed Work Sites

Cardone v. Interstate Drywall
507250
Appealed from the Workers’ Compensation Board

Background: The claimant, a carpenter, sought workers’ compensation benefits for injuries he sustained in a motor vehicle accident that occurred while he was traveling home from work on Nov. 14, 2005. Following a hearing, a Workers’ Compensation Law Judge ruled that the claimant was an outside employee in travel status at the time of the accident and, thus, his injuries arose out of and in the course of his employment. Upon review, the Workers’ Compensation Board reversed. The claimant now appeals.

Ruling: In this case, the board’s decision indicates that, prompted by the court’s decision in Wills (Matter of Wills v. Christian Nursing Registry, 280 AD2d 810 [2001]), it has formulated a rule whereby employees who do not permanently work at a fixed location, but nonetheless work at a particular work site for an extended period of time, such that the assigned work site is rendered a fixed location, are not to be considered outside employees.
As applied here, the court finds no basis upon which to disturb the board’s determination that the claimant was not an outside employee. Indeed, on the day of the accident, the claimant was assigned to work at the Fort Hamilton Army Base, a fixed location at which he had been working steadily for the prior four months, although occasionally during this time period he would be assigned to report to a different work site for the day. Substantial evidence supports the conclusion that the claimant’s injuries did not arise out of and in the course of his employment. The decision is affirmed.

Mark L. Schulman for the appellant, Jill M. Johnson of Ryan, Roach & Ryan L.LP for respondent Interstate Drywall