A computer technician struck by a car while crossing a street to purchase
cigarettes and snacks is entitled to medical and temporary disability workers’
compensation benefits, a New Jersey appeals court ruled last week.
In 2003, the technician, Carlos Cruz, was driving a company van en route to a
client when he parked across the street from a delicatessen to take his “usual
morning break,” according to court records in the case of Carlos Cruz v. Micros
Retail Systems Inc.
The deli was about five blocks off the direct route from his employer’s
office, where Cruz began his trip, to the client’s site. While crossing the
street to the deli, a car struck Cruz and he suffered severe injuries, court
records state.
Micros denied that the injuries arose while Cruz was within the scope of his
employment, and a witness testified that company policy required employees to go
directly to their work sites.
A workers’ comp judge, however, ruled that off-premises employees enjoy the
same ability to deal with basic needs, such as lunch and coffee breaks, as do
on-premises employees. Cruz’s stop for snacks was a minor deviation from his
mission on his employer’s behalf, the judge found.
Micros appealed the judge’s decision, but the Superior Court of New Jersey,
Appellate Division, agreed with the reasoning of the workers’ comp judge.
Filed by Roberto Ceniceros of
Business
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