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Expert Analysis

5-Minute Deviation Defeats Workers' Comp Claim

Law360, New York (August 27, 2013, 1:18 PM EDT) -- Some years ago, my mentor, Arthur Larson, when commenting upon the issue of deviations within the workplace, wrote that courts generally recognize "that human beings do not run on tracks like trolley cars" (Larson's Workers' Compensation Law, § 17.06[3]). That is to say most courts have understood that during the normal work day, a worker does not move into and out of the course of the employment merely because he or she ceases — for a short duration of time — to perform the worker's assigned specific work duties....

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