Claimant, an applicant for Workers' Compensation Benefits, was operating a bus that was stopped at a red light when a man pounded on the door and demanded to be let onto the bus. When Claimant refused to open the door, the man climbed onto the front bumper of the bus, banged on the glass, bent a wiper blade and, after unsuccessfully attempting to reach in through a side window, broke a side mirror.
Claimant testified that the man orally threatened her, but she managed to close the window before he could reach inside.
The employer's representative testified that encountering irate bus passengers was not uncommon and that, although most people simply "curse at the driver" and walk away, some do become sufficiently irritated to punch or kick the bus.
In its decision, the Workers' Compensation Board [Board] found that "the job responsibilities of a bus operator necessarily involve interacting with the general public ..., including unruly ones," and that "it is expected that bus operators could be exposed to unruly individuals and property damage to the vehicle."
The Appellate Division said it "recognize that the record on appeal could also support a contrary conclusion". However, "we do not second-guess the Board's factual determination that this type of incident is one that, as a bus operator, 'claimant should reasonably and ordinarily be expected to encounter in [her] normal work environment,' as it is supported by substantial evidence in the record". Consequently, the court opined it "[found] no reason to disturb the Board's decision."
Justice Lynch, respectfully dissenting, said that in his view "the incident as described by the majority should not in any civilized society be deemed part of 'the normal work environment' of a transit bus operator. There is nothing 'normal' about being victimized by such dangerous conduct. Since it is undisputed that claimant suffered from posttraumatic stress disorder as a result, the Board erred in disallowing her claim."
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