Generally worker's compensation is not allowed when an employee gets injured while traveling to and from work unless there is a reasonable nexus between the risk to which an employee is exposed and the employment.

Exceptions to this rule have been recognized under a number of fairly identifiable categories, including circumstances where an employee is an outside worker, when an employee is sent on a special errand by the employer, where an employee is required to provide his or her own car for use during the workday, where an employer has agreed to pay travel expenses or provides transportation, where an employee's home is an extension of the employment premises.

Facts : Claimant was assigned to a psychiatric unit caring for children, ages four to 18, many of whom suffer from conduct disorders and are psychotic. They require constant attention. Claimant worked the 3:30 p.m. to midnight shift on July 3, 1992. Her replacement called in sick and, as a result, claimant continued to work past her shift until 4:00 a.m. on July 4, 1992, when she was finally able to find a replacement. Claimant was scheduled to work her regular July 4, 1992 shift of 3:30 p.m. to midnight, followed by a double shift from midnight to 8:00 a.m. on July 5, 1992. Claimant's supervisor testified that the double shift was required due to the holiday weekend.

Claimant testified that her work was rigorous due to the special needs of the children and, though she attempted to find a replacement for the night shift on July 3, 1992 because of the double shift facing her later the same day, it was to no avail and she ended up working to 4:00 a.m. Claimant's supervisor, Alice Cross, and the supervisor of nurses, Jean Nabinger, testified that employees are required by the employer to find replacements for the following shifts when they learn their replacement will not be coming in and, failing to locate a replacement, the employee would have to work the next shift. Sleeping is not allowed in the building. During the lunch break, a nurse is not permitted to leave the building if he or she is the only nurse on duty. Because of the holiday weekend, claimant was the solitary nurse on duty where, normally, two nurses are assigned. On her way home, claimant fell asleep at the wheel of her car and struck a wood pole, incurring serious facial and leg injuries.

The nurse filed a claim for worker's compensation for injuries sustained. The Workers' Compensation Law Judge held that there was a nexus established between the accident, claimant's falling asleep at the wheel of her car, and her working 28 out of 40 hours during the July 4, 1992 weekend. She concluded that having to drive after such an exhausting schedule constitutes a reasonably anticipated hazard. The Board concurred, finding that the employer had called on claimant to work overtime and that her falling asleep was a direct result of the unusually long hours, and that this constituted an accidental injury arising out of and in the course of her employment.

Editor's Note: The employer appealed the decision. The Supreme Court of New York, Appellate Division, however, has not yet decided this case and may reach a contrary conclusion than that reached by the Workers' Compensation Board.

Deland v. Hutchings Psychiatric Center, 203 A.D. 2d 776; 661 N.Y.S. 2d 44; 1994 N.Y. App. Div.

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