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You Be The Judge Groundhog Day

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Turkeytop
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You Be The Judge Groundhog Day

Post by Turkeytop » Fri May 19, 2023 8:22 pm

The Company has about 160 employees (mostly women) assembling printed circuit boards, in a small Ontario town.

The employees work an eight hour shift, five days per week. There is a 30 minute unpaid lunch break and two paid 15 minute coffee breaks

Beside the plant is a vacant lot and next to that is a convenience store.

Often, during a break, some employees make a dash to the store for snack food or a cold drink.

One employee, during her paid coffee break, ran out to the store for some candy. Crossing the vacant lot she stepped into a groundhog hole and broke her leg.

She applied for Workers Comp and the claim was allowed.

The Company filed an objection to the Board's decision. Saying the woman was not engaged in any of her employment duties and wasn't even on Company property at the time of the accident.

Does the Company's objection succeed?


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Re: You Be The Judge Groundhog Day

Post by Matt » Fri May 19, 2023 8:30 pm

I hope so. Piggy girl HAD to get her sugar.


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Round Six
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Re: You Be The Judge Groundhog Day

Post by Round Six » Fri May 19, 2023 9:28 pm

I'm thinking she got awarded because she was on the clock.

And I'm thinking even if this had happened during lunch, she would of got awarded.

Question why does the company care?
Is it money out of their pocket if someone draws comp?
Last edited by Round Six on Fri May 19, 2023 9:42 pm, edited 3 times in total.


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TC Talks
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Re: You Be The Judge Groundhog Day

Post by TC Talks » Fri May 19, 2023 9:31 pm

Round Six wrote:
Fri May 19, 2023 9:28 pm
I'm thinking she got awarded because she was on the clock. And I'm thinking even if this had happened during lunch, she would of got awarded.

Question why does the company care?
Is it money out of their pocket if someone draws comp?
The company's workers comp rates are based in part by the number of claims.

If there are not restrictions with how the coffee breaks are taken, the claim will likely hold.


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Re: You Be The Judge Groundhog Day

Post by kager » Sat May 20, 2023 7:56 am

I keep reminding myself this occurred in CA, land of logic.

If it was a paid-company one-hour lunch and she drove to Horton's and was horribly disfigured and blinded by a hot-coffee explosion whilst there, could she file for worker-comp on the basis of that happening?

I lean towards the company succeeding.


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Round Six
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Re: You Be The Judge Groundhog Day

Post by Round Six » Sat May 20, 2023 3:49 pm

kager wrote:
Sat May 20, 2023 7:56 am
... If it was a paid-company one-hour lunch and she drove to Horton's and was horribly disfigured and blinded by a hot-coffee explosion whilst there, could she file for worker-comp on the basis of that happening? ...
I think the answer is yes. I've known of other situations where someone was off site but on the clock. Delivering. Running to the post office. That sort of thing. And they got paid. I think that's part of the reason people get unpaid lunches. No liability.
Here's something to ponder. What if someone don't get paid for lunch. But they bring a bag lunch in, and get hurt somehow while sitting unpaid in the company break room? I'm thinking they are going on comp.

Have to wait until Turkey responds. I'm not going to make a more definitive opinion because Turkey's subsequent postings in these sort of threads often adds something to the story that can make me rethink what I originally thought.


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Turkeytop
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Re: You Be The Judge Groundhog Day

Post by Turkeytop » Sat May 20, 2023 6:14 pm

The Board ruled against the Company. The accident happened during the employee's paid working hours. The Company has a duty to provide for the safety of its employees.

The Company was aware that employees were leaving the property during their breaks and allowed it. If an employee has an accident while off the property, with the Company's tacit permission, the employer is responsible for any injuries that may result.


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Re: You Be The Judge Groundhog Day

Post by audiophile » Sun May 21, 2023 8:44 am

Turkeytop this is why many will now refuse remote working. The insurance companies have an issue with it too.

Basically they could have left the house and gone to the laundry mat with cell phone in hand and claim it was workers comp because they were on the clock.

This should have been denied because it messes up remote work, and the company could just refuse the employees leaving premises going forward.


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TC Talks
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Re: You Be The Judge Groundhog Day

Post by TC Talks » Sun May 21, 2023 8:59 am

This employee followed the rules that the company gave her. You are suggesting that a company today can't have different work at home rules?

You sure get stuck with "how things are".


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Turkeytop
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Re: You Be The Judge Groundhog Day

Post by Turkeytop » Sun May 21, 2023 9:18 am

Just to be clear. This happened pre-covid, Working from home was not a thing.


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Round Six
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Re: You Be The Judge Groundhog Day

Post by Round Six » Sun May 21, 2023 5:36 pm

audiophile wrote:
Sun May 21, 2023 8:44 am
Turkeytop this is why many will now refuse remote working. The insurance companies have an issue with it too.

Basically they could have left the house and gone to the laundry mat with cell phone in hand and claim it was workers comp because they were on the clock.

This should have been denied because it messes up remote work, and the company could just refuse the employees leaving premises going forward.
For many years I worked where you could not leave the plant at all during the shift. Because we couldn't leave, lunch and breaks were on the clock.


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Turkeytop
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Re: You Be The Judge Groundhog Day

Post by Turkeytop » Sun May 21, 2023 9:07 pm

Same plant, different woman.

The employees are required to wear safety shoes on the job. Many of them wear their street shoes to work and change into their safety shoes when they get there. At the end of the shift they change back into street shoes to go home.

When the woman arrived at the plant, ten minutes before the start of the shift, wearing her street shoes. (Stiletto heeled boots).It was raining so she was trying to run from the parking lot into the plant. She went over on one of the heels and injured her ankle.

The supervisor called a taxi to take her to the hospital. An Xray determined there was no fractures, just a bad sprain. The Doctor ordered her to take 3 days off work and to keep ice on it.

She filed a claim for Worker's Comp.

Is the claim allowed?


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Rate This
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Re: You Be The Judge Groundhog Day

Post by Rate This » Sun May 21, 2023 9:29 pm

Turkeytop wrote:
Sun May 21, 2023 9:07 pm
Same plant, different woman.

The employees are required to wear safety shoes on the job. Many of them wear their street shoes to work and change into their safety shoes when they get there. At the end of the shift they change back into street shoes to go home.

When the woman arrived at the plant, ten minutes before the start of the shift, wearing her street shoes. (Stiletto heeled boots).It was raining so she was trying to run from the parking lot into the plant. She went over on one of the heels and injured her ankle.

The supervisor called a taxi to take her to the hospital. An Xray determined there was no fractures, just a bad sprain. The Doctor ordered her to take 3 days off work and to keep ice on it.

She filed a claim for Worker's Comp.

Is the claim allowed?
No. Not on the clock.



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Re: You Be The Judge Groundhog Day

Post by Round Six » Mon May 22, 2023 4:07 am

Rate This wrote:
Sun May 21, 2023 9:29 pm
Turkeytop wrote:
Sun May 21, 2023 9:07 pm
Same plant, different woman.

The employees are required to wear safety shoes on the job. Many of them wear their street shoes to work and change into their safety shoes when they get there. At the end of the shift they change back into street shoes to go home.

When the woman arrived at the plant, ten minutes before the start of the shift, wearing her street shoes. (Stiletto heeled boots).It was raining so she was trying to run from the parking lot into the plant. She went over on one of the heels and injured her ankle.

The supervisor called a taxi to take her to the hospital. An Xray determined there was no fractures, just a bad sprain. The Doctor ordered her to take 3 days off work and to keep ice on it.

She filed a claim for Worker's Comp.

Is the claim allowed?
No. Not on the clock.
This one will be interesting.

What if, instead of turning her ankle, a fellow employee hit her with their car while she was walking in the company parking lot? Or she turned her ankle because of a known condition in the company lot? I'm thinking comps gonna cover those.

This could go either way. Sounds like the company isn't requiring safety shoes anytime they are anywhere on company property. Only when they are on the plant floor.

Turkey wants to know how if we think comp covered it. I'm not going to call this one.


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Turkeytop
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Re: You Be The Judge Groundhog Day

Post by Turkeytop » Mon May 22, 2023 9:29 am

The claim was allowed. She was injured in an accident arising out of and in the course of her employment.

Her job requires that she be present at her work station at the beginning of her shift. Therefore, it follows she would have to arrive at the employer's premises some time before the beginning of the shift.

The accident occurred at the employers premises in the course of her employment.


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