The injuries suffered by a medical staff member at the hospital after he was hit by a car near a loading dock at the entrance to the hospital are compensable, an appeals court held on Thursday.
In the case In the Matter of Cadme v FOJP Service Corp ., New York Supreme Court, Appellate Division, Third Chamber upheld the decision of the New York State Workers' Compensation Board, and ruled that the worker's injuries arose from and during his employment.
Daniel Cadme went to Montefiore-Nyack Hospital in March 2019 to begin his food service shift when he was hit by a car and injured. He filed a claim for compensation for workers for a head injury and a judge for workers 'compensation, as well as the workers' compensation board, accepted the claim as liable for compensation. The hospital's reimbursement insurer appealed the decision.
The Court of Appeal upheld the Board's decision, arguing that the hospital's entrance to a loading dock used by Cadme and other food workers to enter the workplace created a 'special risk' at the hospital and that the employee's injuries were work ̵
The Court refused to rule on a claim for compensation to workers for death benefits submitted by his survivors, and ruled that it was determined whether Mr Cadme's death in June 2019. was due to the fact that the underlying compensable damage was a "separate and distinct claim". ”