Worker Injured During Horseplay: Should he get Workers’ Comp?

A worker engaged in horseplay that was specifically prohibited in his employee handbook. He was injured and applied for workers’ comp benefits. Did a court grant them?

Jason Petrik worked for JJ Concrete Inc. in South Dakota. His job included idle time when he and his co-workers waited for other work to be completed before they could continue their own.

On Aug. 23, 2012, Petrik and his co-workers completed all their work and were waiting for a truck to arrive to pour concrete. They took their lunch break and waited on site.

It was hot, and some workers sat in a company truck because it was air-conditioned.

Petrik played a trick on his co-worker, Kevin Cole. He told Cole one of their co-workers on the other side of the job site needed to talk to him. Cole left the truck. Petrik took his seat inside the vehicle.

After about five minutes, Petrik cooled off and left the truck. When he saw Cole, he took off running. Cole ran after Petrik who tried to jump across a five-foot wide trench. Petrik landed awkwardly and broke his ankle. He applied for workers’ comp benefits. JJ Concrete denied coverage for his medical expenses and temporary total disability benefits.

Petrik took his case to the South Dakota Department of Labor which ruled his injury arose out of employment but not in the course of employment, therefore he couldn’t receive workers’ comp benefits. A circuit court upheld the DOL opinion.

Next, Petrik appealed to the South Dakota Supreme Court.

Read Full Article At Safetynewsalert.com

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