Maintenance worker secures benefits for fall at work
Case name: Albany, Country of, 120 NYWCLR 188 (N.Y. W.C.B., Full Board 2020)
Ruling: Upon mandatory review, the Full Board held that the preponderance of the evidence supported a finding that the claimant, who fell down a flight of stairs at work, sustained injuries that arose out of and in the course of employment.
What it means: Even if a claimant’s fall at work was the result of a seizure which was not related to his work, thereby rebutting the presumption created by WCL. Section 21(1), if the fall occurred while the claimant was in the course of his employment and descending a flight of stairs, his employment placed him at an increased risk and his resulting injuries would nonetheless be compensable.