The correct answer is D — Severity of injury. For an accidental injury to qualify under New York Workers' Compensation Law, the central coverage inquiry is whether the injury arose out of and occurred in the course of employment. The New York Workers' Compensation Board specifically explains that “in the course of employment” concerns whether an injury occurred at a time, place, and under circumstances related to employment.
Accordingly, the time of the accident, its location, and the circumstances surrounding the event are directly relevant to determining whether the necessary employment nexus exists. For example, an injury at the employer's premises while performing assigned work normally presents a much stronger employment connection than an injury sustained during an unrelated personal activity.
The severity of an injury is different. Severity may materially affect medical treatment, disability classification, duration of benefits, permanency, lost wages, and the amount ultimately payable. It does not, however, determine whether the injury initially arose out of and in the course of employment. Even a comparatively minor qualifying workplace injury can fall within Workers Compensation.
The Series 17-70 outline expressly tests employment covered, covered injuries, benefits provided, occupational disease, and New York Workers' Compensation Law.
Therefore, the factor not used to establish the employment relationship of the injury is D.
