Matter v. Google 3rd Dept. 9/26/24 CV-23-0719
In this case, the Claimant was a Google executive who got lost looking for a bus after a work happy hour event in Manhattan when two motorized bicycles hit him crossing a street. The Law Judge at the trial found the claim not compensable. The Board Panel reversed, finding in favor of the Claimant. A “…change in environment and corresponding search for the appropriate bus stop ‘caused a greater risk of injury during a trip that was necessary to carry out a function of claimant’s employment.’” The 3rd Dept. affirmed the Board Panel.
The 3rd Dept. found the happy hour to be part of the workday. Hard to dispute that. The employer derived a benefit from the happy hour, so therefore the happy hour is an employment activity. The fact that the happy hour altered the usual geographical scheme of travel, altered the employee’s risks. The fact that he had left the event and was unfamiliar with his surroundings appeared to be the difference in the 3rd Dept’s reasoning. The unfamiliarity made the risks associated with his travel greater. The Appellate decision did not discuss or weigh the usual risks related to what the Claimant’s normal travel would have been. There was no reference to where or how the Claimant would normally travel from work; or whether the risk of being struck by a motorized bicycle would normally be less. For these cases, the Appellate Division seems to be suggesting that a claimant just needs to show that travel to/from and off-site work event was different, and that alone creates the heightened risk.
