N.Y. Says Worker Injured on Break Entitled to WC Benefit

A New York court has ruled that a worker taking a short break does not constitute an interruption of employment, thus a worker injured during such a break is entitled to workers’ comp benefits. The Appellate Division of the Supreme Court of New York issued its decision this month in a case involving an injured auto salesman. The case is Richard Potter Jr. vs. VM Paolozzi Imports Inc.

The claimant was employed as a car salesman when he was injured in an accident while driving his personal car during an authorized break. He was picking up spaghetti dinners for himself and a colleague. A Workers’ Compensation Law Judge found that claimant’s injuries arose out of and in the course of his employment and awarded benefits. The Workers’ Comp Board affirmed, and the employer and its workers’ comp carrier appealed. The appellate court agreed with previous rulings, stating that accidents that occur during an employee’s short breaks are considered to be so closely related to the performance of the job that they do not constitute an interruption of employment.