Capizzi v. Southern District Reporters, Inc., 61 N.Y.2d 52 (1984)
Injuries sustained by an employee while traveling for work and engaging in reasonable activities attendant to their employment, even if not directly related to their duties, are compensable under workers’ compensation.
Summary
Nelida Capizzi, a transcriber-typist, was sent on a business trip to Toronto by her employer. While preparing for her return to New York, she slipped and fell in her hotel bathtub. The Workers’ Compensation Board awarded her benefits, finding the injury arose out of and in the course of her employment. The Appellate Division reversed, deeming showering a purely personal act. The Court of Appeals reversed the Appellate Division, holding the injury compensable because Capizzi was required to travel and stay in a new environment for work, increasing her risk of injury while engaging in a reasonable activity attendant to her employment.
Facts
Nelida Capizzi was employed by Southern District Reporters, Inc. On December 30, 1980, she and four co-workers were sent to Toronto, Canada, to transcribe depositions. The hearings were suspended later that evening for the New Year’s holiday. The following morning, at approximately 7:00 a.m., Capizzi slipped and fell while stepping into the hotel bathtub to shower in preparation for her return trip to New York. As a result, she sustained injuries and filed for workers’ compensation benefits.
Procedural History
The workers’ compensation law judge initially found that accident, notice, and causal relationship were established. The Workers’ Compensation Board affirmed, finding that Capizzi was required to travel to Toronto for her employer’s business and was directed to remain there for a specific time, maintaining her employee status throughout the trip. The Appellate Division reversed, holding the injury noncompensable as a purely personal act. The Workers’ Compensation Board appealed to the Court of Appeals.
Issue(s)
- Whether an injury sustained by a traveling employee due to a slip and fall while showering in a hotel room arises out of and in the course of employment, making it compensable under workers’ compensation.
Holding
- Yes, because Capizzi was required to travel and stay in a new environment for work, which increased her risk of injury while engaging in a reasonable activity attendant to her employment.
Court’s Reasoning
The Court of Appeals reasoned that while traditionally, injuries were compensable only when an employee was actively furthering their employer’s business, this has expanded to acknowledge the increased risk to traveling employees. Quoting Matter of Davis v Newsweek Mag., 305 NY 20, 27-28, the court stated that when an employee is “directed, as part of his duties, to remain in a particular place or locality * * * for a specified length of time * * * the rule applied is simply that the employee is not expected to wait immobile, but may indulge in any reasonable activity at that place, and if he does so the risk inherent in such activity is an incident of his employment.” The court acknowledged past distinctions made regarding bathing or dressing injuries, deeming them purely personal and non-compensable. However, the court found it difficult to reconcile these decisions with cases awarding compensation for injuries sustained during other “personal acts” while traveling, such as slipping on a sidewalk after dinner (Matter of Schreiber v Revlon Prods. Corp., 5 AD2d 207), or injuries sustained while bathing on the employer’s premises (Matter of Marco v News Syndicate Co., 257 App Div 887). The court concluded that the claimant was required to work and stay at a place distant from home, increasing her risk of injury and engaging in a reasonable activity (showering) attendant to her employment. Therefore, the injury was compensable.