In re the Claim of Boretsky

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 25, 2013, which ruled that claimant was eligible to receive unemployment insurance benefits.

Claimant, a train operator for the employer, stopped his train *1487short of a subway station when he observed a fire on the track ahead. Relying on the train’s “door enabler” — which allowed claimant to prevent the doors from opening — claimant did not instruct the train conductor to keep the doors closed as required. However, the door enabler was inoperable and the conductor opened the doors, which were immediately closed upon…