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The claimant, a senior hearing representative for the State Insurance Fund, sought workers' compensation benefits for injuries sustained when struck by a car in a shopping center parking lot after leaving work. The incident occurred after work hours when the claimant stopped to purchase a pen for professional use. The Workers' Compensation Board denied the claim, ruling that the injury did not arise out of or in the course of employment. On appeal, the court affirmed the Board's decision, finding that the claimant did not meet the criteria for the outside employee, home office, or special errand exceptions to the general going and coming rule. The court further noted the employer provided pens, negating the special errand argument, and there was insufficient proof for the home office exception.
Claim of Bobinis v. State Insurance Fund is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
The claimant, a senior hearing representative for the State Insurance Fund, sought workers' compensation benefits for injuries sustained when struck by a car in a shopping center parking lot after leaving work. The incident occurred after work hours when the claimant stopped to purchase a pen for professional use. The Workers' Compensation Board denied the claim, ruling that the injury did not arise out of or in the course of employment. On appeal, the court affirmed the Board's decision, finding that the claimant did not meet the criteria for the "outside employee," "home office," or "special errand" exceptions to the general "going and coming" rule. The court further noted the employer provided pens, negating the "special errand" argument, and there was insufficient proof for the "home office" exception.
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