Summary
This New York Appellate Division decision reviews a Workers' Compensation Board ruling affirming that a sound engineer's injuries were compensable despite his intoxication during a work-related motor vehicle accident. The court held that under the Workers' Compensation Law, intoxication must be the sole cause of an injury to defeat compensability, and the employer failed to meet its heavy burden to rebut the statutory presumption. The court further clarified that driving while intoxicated does not per se constitute a deviation from employment that automatically bars recovery. Consequently, the Board's decision granting benefits was affirmed.
Topics
Practice areas
Questions Presented
- Whether an employee's intoxicated driving constitutes a deviation from employment that defeats workers' compensation coverage
- Whether the carrier met its burden to show that intoxication was the sole cause of the injury
Holdings
- Intoxicated driving while on a work‑related trip does not per se constitute a deviation from employment; the employer must still overcome the statutory presumption that the injury was not solely caused by intoxication.
- The carrier failed to meet its burden; the record contains substantial evidence that the third driver’s conduct, not the claimant’s intoxication, caused the second accident.
Key quotations
“The carrier now concedes that intoxication was not the sole cause of the second accident, but contends that it was not required to show that intoxication was the sole cause of the accident, reasoning that claimant's action in driving while intoxicated was by itself a significant deviation from his employment and, thus, the second accident did not arise out of and in the course of his employment.” (*2)
“Accordingly, the Board's decision that the carrier did not overcome the presumption and that the claim is compensable is supported by substantial evidence and will not be disturbed.” (*3)
Factual background
Claimant Jorge Ferra, a sound engineer, was intoxicated (BAC .18) while traveling on a work‑related trip. After a minor initial collision, his vehicle was struck from behind by a third driver, causing serious injuries. The carrier argued that Ferra's intoxication was a deviation from employment and the sole cause of the injury.
Procedural history
The Workers' Compensation Board affirmed a Workers' Compensation Law Judge's finding that the claimant's injuries were compensable and not solely caused by intoxication. The carrier appealed the Board's decision.