Monday, March 19, 2018

Employee awarded benefits for escaping from work

Claimant injured his ankle after his shift when he was inadvertently locked in the employer's courtyard.

The Commission found claimant exposed to a work hazard or risk which arose his employment, and rejected the employer's defense that claimant should not have been in the court yard in the first place, that his  accident of climbing down was not directly related to his job and that claimant should have called for help rather than trying to escape on his own. 

The commission disavowed the ALJ's reliance on pre-reform case law to interpret arising out of and criticized the a parties who mischaracterized the legal dispute as an accident arising out of employment when the core dispute was whether an injury arose out of employment. 

The ALJ award 25% for an ankle injury, and gave found a rating deemed a "disability" rating to be more persuasive than one using an 'impairment" rating.  Brown v Superior Linen  Supply Company   March 7, 2018

ALJ  Fowler
Atty:  Mayer, Collins
Experts:  Prostic, Pratt