In Mills v. New York State Police , State Trooper Scott Mills, sought workers' compensation benefits for injuries sustained while "on duty."
During one of his shifts, Mills visited a property where he and his wife were constructing a new home. (The land was adjacent to, but not situated in, Mills's patrol area.) During the visit, Mills "stepped on a loose piece of lumber, fell and sustained injuries to his left wrist and left eye."
A Workers' Compensation Law Judge decided that Mills's injuries were work related, and awarded compensation benefits. The Workers' Compensation Board (Board) disagreed and reversed the decision, finding that Mills "was involved in a noncompensable personal act at the time that he sustained his injuries."
On appeal, the Appellate Division, Third Department, reiterated that while "injuries that arise out of and in the course of employment are compensable under the Workers' Compensation Law," personal activities are not.
Although Mills's supervisor testified that the Trooper had not shirked his duties by visiting the property, since the officer admitted that he had not been dispatched to the area and opted to stop by solely because he had extra time, the AD3 allowed the Board's decision to remain undisturbed.
The moral of this story: You really gotta watch your step, if you wanna be a trooper.
For a copy of the Appellate Division's decision, please use this link: Mills v. New York State Police