The Appellate Division of the New York Supreme Court has overturned a decision by the state Workers’ Compensation Board that overturned a petition for compensation benefits by a police detective who was injured while traveling for an investigation.
In a decision Thursday, the appeals court ruled that the board erred in denying compensatory benefits to Tulio Serrata, a detective with the Suffolk County Police Department, who was injured after his vehicle was struck by a garbage truck as he drove up to a suspect. hearing.
Serrata was on duty during the night of April 26, 2021, and he used his personal vehicle to travel from his home to the police precinct, where he was scheduled to pick up a squad car and then head to the crime scene.
He was stopped at a traffic light when he was hit from behind by a garbage truck.
Mr. Serrata filed a claim for compensatory benefits arising from his injuries, and a compensatory adjudicator found that the accident arose out of and in the course of employment because he traveled to a crime scene, but the decision was overturned by the company board.
The appeals court ruled the board erred in denying the claim because a special exception applied when Serrata traveled from his home to the police precinct to check on a department vehicle.
The case was re-referred to the comp board.