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.
Saturday, December 9, 2017
Drinking Binge and Two-Hour Nap Found to Be Deviation From Employment, Subsequent Fall Down Elevator Shaft Not Compensable (Utah)
Someone actually sued their employer for this? Common sense is definitely not common these days.
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.
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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