After she fell and injured herself in a public library's parking lot, Arlene Gioia applied for workers' compensation benefits.
Gioia, who worked as a private tutor for the Middletown School District , claimed that she was preparing for the day's assignments and was at the library to conduct research.
In Matter of Gioia v Middletown School Dist ., the Workers' Compensation Board (WCB) ruled that because Gioia did not sustain her injuries in the course of her employment, her claim for benefits had to be denied.
On appeal, the Appellate Division, Third Department, affirmed the WCB 's decision.
While an injury suffered while traveling to and from work is usually non-compensable, there is an exception when the employee is engaged in a "special errand" for the employer. However, in order to qualify under that exception, the employer must have encouraged the errand and benefited from the employee's performance.
According to the AD3, because she was unable to present any evidence that she was encouraged by her employer to use the public library for research or to do any outside preparation for her tutoring sessions, Gioia's visit to the library didn't comprise a "special errand."
Not a happy ending for Ms. Gioia's. (Will there be another chapter to this story?)
To download a copy of the Appellate Division's decision, please use this link: Matter of Gioia v Middletown School Dist .