Claimant injured in car accident while on a morning “lunch break.” Judge denies compensability as the lunch break was purely personal in nature and of no benefit to the employer. Judge also held that neither the special hazard nor dual purpose exceptions

This case involves an employee who took  her lunch break in the morning so that she could take her son to school. On the date of the accident, she was taking her child to school and was involved in a motor vehicle accident about a half of a mile from her place of employment. The employer denied compensability, contending that she was not in the course and scope of her employment. The judge ruled that the claimant’s morning “lunch break” was purely personal in nature and that the employer did not receive any benefit from the trip. The judge further held that neither the special hazard nor dual purpose exceptions applied. Compensability denied.

_{What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}