Congratulations to Associate Daniel Levit and his team on securing a disallowance before the New York State Workers’ Compensation Board (The Board) on behalf of a transportation client, eliminating the client’s exposure to significant workers’ compensation benefits.
In this case, the claimant alleged injuries to their neck, right shoulder, right wrist and psychological condition after being assaulted while commuting home from work in their work uniform.
Although the medical evidence was uncontroverted, Daniel successfully argued that the claim was not compensable under New York’s coming-and-going rule. This rule states that regular commutes to and from work are outside the scope of employment, and therefore any related injuries are excluded from workers’ compensation.
Using the claimant’s testimony and citing case law, Daniel and the Jones Jones team were able to successfully demonstrate that the claimant failed to establish a credible exception to the coming-and-going rule.
The Board upheld Jones Jones’ argument and disallowed the claim in full, saving the client from substantial medical expenses, lost wage benefits and any future schedule loss of use awards.
Congratulations to Daniel and his team for their thorough work on this case. If you are in need of assistance with a workers’ compensation case, please contact our team at concierge@jonesjonesllc.com.