An employee of the Division of Youth and Family Services was assigned to answer a call at the Jersey City Medical Center as part of her job to be on-call over the weekend. After completing the call she returned to her residence in Newark at 1:30 am Sunday morning. She was then approached by a man in the common area of the two-family home she was occupying.
The man, who was armed with a knife and wearing only underwear pushed the door in and raped her, then dragged her down the stairs and raped her again in her girlfriend's apartment. He then threatened to kill her if she reported the attack to the authorities. The employee testified at the time of trial that she intended to complete her paperwork that morning and to handle any calls that were received over the rest of the weekend.
The court held that the petitioner was entitled to receive an award for permanent psychiatric disability as the incident arose out of the employment and could be considered part of the risk that would have been contemplated by a reasonable person entering the employment. The court concluded that the rape would not have occurred if the employee had not been returning to her home at 1:30 am. N.G. v. State of New Jersey (N.J. App.Div.1997).