Thread: Ever have workers comp noy pay?
03-27-2000, 12:13 AM #1BC WhiteFirehouse.com Guest
Ever have workers comp noy pay?
The guy's just get out of training and two of the bigger boys sit down for a friendly arm wrestling match. They get a few minutes into it when all of a sudden "POP"!
One of the guy's breaks his arm!
He finds that he can't return to full duty for at least 4 months.
He uses sick time for a few shifts then reports to limited light duty in the office until he is cleared by the doc.
Then he finds out that workers comp. may not pay the claim since the activity was not job related.
Can they not pay the claim based on this?
Has anyone else had a claim rejected by workers comp for an injury while on duty?
If so, were there any department policy changes after that particular incident?
03-27-2000, 11:01 PM #2benson911Firehouse.com Guest
Have you read the Worker's Compensation laws in IN? In Ohio, you would probably lose. "Horseplay" is specifically referred to as non-compensable. Arm wrestling is not an "Employer Sponsored Activity" so you would lose. You CAN play basketball, twist an ankle and the claim is compensable - because the activity is "Employer Sponsored." In other words, your employer lets you play BB to stay in shape, so they're willing to take the premium hit if you're injured during that activity. I can't see how arm wrestling helps in physical fitness.
Read the law, check with the IN AFL/CIO to see if they have a Worker's Comp. attorney and see what they say. Good Luck. If you want to make sure all your injured FF's get their claims approved, you have to know what the law allows.
[This message has been edited by benson911 (edited March 28, 2000).]
03-30-2000, 06:00 PM #3rogerkFirehouse.com Guest
The wording in Indiana is similar to ours in Connecticut. It says in your "code" "injury in the course of employment". Some of these definitions get defined by case law, from hearings and review board findings. I did see Indiana has a handout available online. In it, there are some examples of compensable injuries as well. Here's one section, and there seems to be some wiggle room. Was the arm wrestling witnessed by an officer? If so, the employer may have aquiesced to "horseplay".
Horseplay A worker injured while participating in horseplay is not entitled to worker's compensation unless he is an innocent victim of another personís horseplay. However, if the employer acquiesces in the horseplay (allows the horseplay to proceed without intervening), the injury may be compensable.
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