Matthew Duffy worked as a correction officer at Riverview Correctional Facility in Jefferson County.
When Duffy was transferred to the Taconic Correctional Facility in Dutchess County, some 50 miles from his place of residence, he was assigned housing at a Taconic building as an "accommodation."
(There was no requirement that Duffy reside at the facility as a condition of his employment.)
On February 3, 2005, as was leaving the housing complex to report to work, Duffy slipped and fell in the parking lot and injured his back. After a hearing, the Worker's Compensation Board concluded that Duffy was injured "in the course of his employment," and was granted benefits.
On appeal, the Appellate Division, Third Department, reversed the award. While exceptions exist -- like when an employee is required to live on an employer's premises or when "traveling on business for the employer" -- the AD3 reiterated that employees are usually not "acting within the scope of their employment while traveling to and from work ...."
Since Duffy's accident was unrelated to his employment, the AD3 concluded that no entitlement to Workers' Compensation benefits had been triggered.
(Doubt the officer anticipated that correction.)
For a copy of the Appellate Division's decision, please use this link: Matter of Duffy v. Taconic Correctional Facility