Claimant Fails to Establish Exception to Going and Coming Rule
Yesterday, a New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that denied the claim of a Transit Authority conductor who sustained injuries when she was assaulted by commuter who was angered over the claimant’s refusal to open the station gate to let him in (without paying) on the basis that the claimant’s injuries did not arise out of and in the course of the employment [Matter of Rodriguez v New York City Tr. Auth., 2018 N.Y. App. Div. LEXIS 3842 (May 31, 2018)]. The Court agreed that the claim was barred by the going and coming rule, since, inter alia, the assault occurred approximately one hour prior to the beginning of the claimant’s shift and the employer did not require her to utilize public transit to get to her job.