A restaurant server wanted comp when he was injured from co-workers throwing ice at him. Now many employers would think the injury wasn’t work related and he shouldn’t get benefits – but they’d be wrong, according to this court.
Under the “horseplay doctrine,” the man is entitled to workers’ compensation, ruled Virginia’s Supreme Court. The doctrine says an innocent victim of on-the-job horseplay is entitled to workers’ comp benefits.
The man sustained a dislocated shoulder when he lifted his arm to protect himself from the ice his co-workers were throwing at him.
His attempt to collect comp benefits wound its way to Virginia’s highest court, which applied a “risk test” that says an injury falls within workers’ comp law if there’s a even a casual connection between an employee’s injury and his/her working conditions.
Boys will be boys
Using that test, the court ruled the man should receive workers’ comp benefits because joking/playful actions of workers are a risk of employment — thus establishing a casual connection between the man’s injury and his job.
Co-workers will engage in pranks from time to time and that adds an element of danger to the job, the court ruled.
However, it went on to say that this applies to horseplay only. The court said if a person is assaulted at work — but not because of his/her employment — the resulting injury doesn’t arise out of employment and therefore wouldn’t be eligible for comp.
The court sent the case back to the Workers’ Compensation Commission for reconsideration of the man’s claim.
Cite: Simms v. Ruby Tuesday
Do you think the court made the right decision? Do you think this ruling will have a major impact on future workers’ compensation claims? Share your opinions in the Comments Box below.
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