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“Special Errand” For Employer Puts Accident On Trip Home From Work Under Workers’ Compensation

November 24, 2011

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In Matter of Borgeat v. C & A Bakery, the New York Appellate Division, Third Department upheld a finding that injuries caused by an accident involving an employee traveling home was compensable under Workers’ Compensation because the employee was performing a “special errand” for the employer. 
The employee, who died in the accident, worked at a bakery.  He was often asked to deliver cakes to a restaurant on his way home from work.  After the accident, which took place only two blocks from the restaurant in question, a cake box was found in the car.  This was sufficient to support a finding that the decedent’s death arose out of and in the course of his employment.
For more information on this post, please contact David Tavella at dtavella@wcmlaw.com 
<a href="http://decisions.courts.state.ny.us/ad3/Decisions/2011/511442.pdf">http://decisions.courts.state.ny.us/ad3/Decisions/2011/511442.pdf</a>

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