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Old 01-15-2013, 08:13 PM   #1
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From the top ten strangest workers comp cases of 2012:


CASE #8: Drinking Binge and Two-Hour Nap Found to Be Deviation From Employment, Subsequent Fall Down Elevator Shaft Not Compensable (Utah)

Citing Larson's Workers' Compensation Law, § 20.01, a Utah appellate court last January held that a painter was not entitled to workers' compensation benefits for severe injuries sustained when the employee fell into an elevator shaft after a drinking binge after lunch at the work site, followed by a two-hour nap in a closet. The court reasoned that while the employee was on the premises at the time of the injury and the injury occurred during the normal work day, the painter could not be said to have been furthering any business of his employer when he drank for two hours and then took the nap.



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Old 01-15-2013, 08:17 PM   #2
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Quote:
Originally Posted by vermontpainter View Post
From the top ten strangest workers comp cases of 2012:


CASE #8: Drinking Binge and Two-Hour Nap Found to Be Deviation From Employment, Subsequent Fall Down Elevator Shaft Not Compensable (Utah)

Citing Larson's Workers' Compensation Law, § 20.01, a Utah appellate court last January held that a painter was not entitled to workers' compensation benefits for severe injuries sustained when the employee fell into an elevator shaft after a drinking binge after lunch at the work site, followed by a two-hour nap in a closet. The court reasoned that while the employee was on the premises at the time of the injury and the injury occurred during the normal work day, the painter could not be said to have been furthering any business of his employer when he drank for two hours and then took the nap.

You know I have not seen Rob around in awhile. I know he's in the Utah area. Chris please chime in when you have a chance.. I hope he's Ok.

Pat
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Old 01-15-2013, 08:20 PM   #3
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Quote:
Originally Posted by vermontpainter View Post
From the top ten strangest workers comp cases of 2012:


CASE #8: Drinking Binge and Two-Hour Nap Found to Be Deviation From Employment, Subsequent Fall Down Elevator Shaft Not Compensable (Utah)

Citing Larson's Workers' Compensation Law, § 20.01, a Utah appellate court last January held that a painter was not entitled to workers' compensation benefits for severe injuries sustained when the employee fell into an elevator shaft after a drinking binge after lunch at the work site, followed by a two-hour nap in a closet. The court reasoned that while the employee was on the premises at the time of the injury and the injury occurred during the normal work day, the painter could not be said to have been furthering any business of his employer when he drank for two hours and then took the nap.

I find this rediculous that they don't have to pay out this claim. Regardless of the state of the worker, he would not have been on the premesis had he not been working.

We know damn well the employer was having to pay Comp for those hours on the job, and had he faced a comp audit, simply saying "the employee wasn't furthering my business" doesn't get you off the hook for remitting.

It is a bogus one way system. At least it is here in Canada. I say screw it, pay the man out!
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Old 01-15-2013, 08:23 PM   #4
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Oh God, its always "the painter" in cases like these. As if we dont have enough of an image problem already.
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Old 01-15-2013, 08:37 PM   #5
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Oh God, its always "the painter" in cases like these. As if we dont have enough of an image problem already.
I agree. If it had been a plumber or electrician they'd have fallen up the shaft.
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Old 01-15-2013, 08:49 PM   #6
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Elevator shafts are barricaded really well on jobs until the doors get set. He should've needed a crowbar to gain access to that shaft. Some entity is liable.
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Old 01-15-2013, 09:53 PM   #7
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it's about time a court found that the injury was caused by totally unacceptable behavior and did not award him comp.

Too many times the WW would tell me of employees (in Calif and Mass) who were drunk on the job and created a dangerous situation in which they were injured or even driving drunk unauthorized in a work vehicle (can we say STOLEN?) and were awarded comp for the injuries that resulted.

I have full sympathies for being comped for work injuries, but I draw the line on being engaged in illegal and/or self destructive behavior.



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Old 01-15-2013, 10:46 PM   #8
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You know I have not seen Rob around in awhile. I know he's in the Utah area. Chris please chime in when you have a chance.. I hope he's Ok.

Pat
He is taking a nap
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Old 01-15-2013, 10:54 PM   #9
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I agree. If it had been a plumber or electrician they'd have fallen up the shaft.
I always thought those guys jumped on the shaft.
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Old 01-16-2013, 05:08 AM   #10
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Originally Posted by daArch View Post
it's about time a court found that the injury was caused by totally unacceptable behavior and did not award him comp.

Too many times the WW would tell me of employees (in Calif and Mass) who were drunk on the job and created a dangerous situation in which they were injured or even driving drunk unauthorized in a work vehicle (can we say STOLEN?) and were awarded comp for the injuries that resulted.

I have full sympathies for being comped for work injuries, but I draw the line on being engaged in illegal and/or self destructive behavior.
sometimes it is a disease and not just mental
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Old 01-16-2013, 06:49 AM   #11
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Originally Posted by wje View Post
I find this rediculous that they don't have to pay out this claim. Regardless of the state of the worker, he would not have been on the premesis had he not been working.

We know damn well the employer was having to pay Comp for those hours on the job, and had he faced a comp audit, simply saying "the employee wasn't furthering my business" doesn't get you off the hook for remitting.

It is a bogus one way system. At least it is here in Canada. I say screw it, pay the man out!
This is sarcasm right??????
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Old 01-16-2013, 01:47 PM   #12
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I had a carpenter friend of mine die 3 years ago after he fell into an elevator shaft on a church he was donating his time on . We were working at a house the day before and having a great time and come Friday at 3 PM he was packing up and heading to Nova Scotia for some volunteer work and he said..." I'll see ya all on Monday " . I never saw him again .


He definitely would not have been drinking in the fall . I never did hear all the details . Just wrong place at the wrong time I guess !
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Old 01-16-2013, 05:13 PM   #13
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This holding is fair.

The job site conditions such as whether or not the elevator was barricaded properly would be an entirely different case and maybe someone should be held liable for that aspect of it, but certainly not the PC. The painter didn't pursue that venue but decided to go the way he did.

First he fell and then took a nap. Nuts. I'd like to see photos of the guy and see more details of this case. Freekin painter.
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Old 01-17-2013, 12:23 PM   #14
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Bill I am surprised that you think that this is odd when the court in our wonderful state has decided that we should pay for convicts sex change operations
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