Determining eligibility for workers' compensation benefits when an employee is injured while "off duty"

A New York City Transit Authority [Authority] employee [Claimant] was assigned to work the 12:00 a.m. – 8:00 a.m. shift. Claimant "clocked out" ten minutes early "having completed his shift" and took an Authority train to return home. As Claimant left the train, he was assaulted by another passenger, suffering multiple injuries and applied for workers' compensation benefits. The Workers' Compensation Law Judge denied Claimant's application for benefits, ruling that Claimant's injuries "did not arise out of and in the course of his employment." Upon review, the Workers' Compensation Board affirmed the Law Judge's ruling and Claimant appealed the Board's decision.The Appellate Division affirmed that Board's determination, explaining that an injury is only compensable under the Workers' Compensation Law "if it arose out of and in the course of a worker's employment and, in general, injuries…

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