Compensatory damage to hospital workers from a car accident – Firm insurance
The injuries sustained by a hospital catering employee after being hit by a car near a loading dock entrance to the hospital are compensatory, an appeals court said Thursday.
In the Cadme v FOJP Service Corp. The New York Supreme Court, Appeals Department, Third Division, upheld the decision of the New York State Workers Compensation Board that the worker's injuries resulted from and in the course of his employment.
Daniel Cadme was walking to Montefiore-Nyack Hospital to start his meal shift in March 2019 when he was hit by a car and injured. He filed an application for a disability pension for a head injury, and an industrial accident law judge and the industrial accident committee accepted the claim as subject to compensation. The hospital's professional association appealed the decision.
The appellate court upheld the Chamber's decision and found that the hospital entrance within a loading ramp that Mr Cadme and other food workers used to enter the workplace posed a “special hazard” in the hospital and that the worker’s injuries were therefore work-related – connected.
The court declined to rule on an employee death benefit claim filed by his survivors.