NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
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The Hearing Officer determined that the claimant, a truck driver, who stopped to assist a motorist
injured in an accident that did not involve the claimant sustained a compensable injury when his
knee later began to swell. The road on which he had been traveling was still blocked by the
accident, so after he rendered his aid, the claimant turned around and followed an alternate route to
his office. The Appeals Panel disagreed with the Hearing Officer’s determination that the claimant
had remained in the course and scope of his employment when he stopped to assist the motorist.
Although such aid rendered in the event of an emergency could arise during the course and scope
of employment if the employment is not deserted and the claimant’s actions are reasonable for
advancing the employer’s work interests, there was no evidence in this case that the claimant was
performing any action that he thought necessary for the employer’s business interests. His assistance of the motorist did not serve to clear the road, and an alternate route was available to him
to proceed with his work duties.