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Sager v. O.A. Peterson Construction12/21/2004
Argued October 12, 2004
On the day of the terrorist attacks in New York City in September of 2001, Robert Sager was working at a construction site on Long Island, New York, for his employer, a New Jersey contractor. Because the attacks caused the emergency closing of all bridges and tunnels between New York and New Jersey, Sager and several co-workers were unable to return to their New Jersey homes at the end of the scheduled workday. Consequently, at the direction of their employer, Sager and his co-workers left the site for an early dinner. When returning from a local eatery to the site, Sager was seriously injured in an automobile accident.
Although the Judge of Workers' Compensation held that Sager's injuries were compensable, the Appellate Division denied his claim. Because we hold that there was substantial credible evidence to support the determination of compensability, we reverse.
I.
Robert Sager was employed for nineteen years as a carpenter with his employer, O.A. Peterson Construction Company (O.A. Peterson), in Montclair, New Jersey. Sager's position with O.A. Peterson required him to report directly to various job sites where the company was a contractor. On September 11, 2001, Sager was working at a Long Island job site, an assignment that began in July 2001. That morning, he met his on-site supervisor, John Devlin, at Devlin's home in Union, New Jersey. Devlin and Sager carpooled to the Long Island job site in Devlin's personal vehicle, which had been their routine for the prior two months. Their ride to and from the site required use of the Goethals Bridge and the Verrazano Bridge. At approximately 7:00 a.m., they arrived at the job site, joined by two other O.A. Peterson employees who also drove together from their homes in New Jersey. The four employees were scheduled to work at the job site from 7:00 a.m. until 3:30 p.m., with a half-hour lunch break. On that morning, the employees learned of the terrorist attacks shortly after they occurred, at about 9:00 a.m., but the employees continued working. Because of their anxiety about the catastrophic events unfolding just a few miles away, neither Sager nor his co-workers were able to eat during their lunch break.
Due to the abrupt closure of all bridges and tunnels between New York and New Jersey, with no indication as to when they might reopen, the employees were uncertain as to when they would be able to return home. There were no on-site eating facilities and, therefore, Sager and his co-workers left the site at about 3:00 p.m. to have an early dinner. They climbed into a van owned and operated by one of the workers and drove a few miles to a local diner. September 11 was the only day that Sager ever left the site to obtain food at the end of the workday. They finished their meal in about fifteen minutes, and, while driving back to the job site, the van was involved in a head-on collision with another vehicle. Sager suffered femur and knee injuries, and was hospitalized for twelve days.
Subsequently, Sager filed a Claim Petition with the New Jersey Division of Workers' Compensation and a trial was held. John Devlin, the on-site supervisor of the project, testified at trial that it was his decision that everyone leave the site to get something to eat. Devlin testified as follows:
Q: When you went back to the -- when you left you testified you were going back to the job site?
A: Yes.
Q: What was your intention?
A: Going back to work.
Q: Going back to work?
A: Yes.
Q: So you were going to continue working past 3:00?
A: Yeah.
Q: Why would yo
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