Employer says worker was 'already off the clock'
The Appeals Commission for Alberta Worker’s Compensation recently dealt with a case involving a worker claiming a disability wage loss benefit after suffering an alleged work injury.
The employer, however, argued that the worker was no longer the company’s responsibility when he obtained the injury. Hence, the worker did not have an acceptable claim.
At the time of his injury, the worker was employed in a remote location in Alberta, and after completing his shift cycle, the worker left the work site on an employer-provided bus and was dropped off at the airport.
The worker was flying from the remote location to Edmonton and then to his home province during such a time.
“While at the airport, the worker stepped out to get air and have a smoke while waiting for his flight,” the Commission noted. “The worker was injured as he exited the airport building and slipped on some icy steps.”
A review body has initially issued a decision regarding the case. However, the employer disagreed and appealed two issues to the Commission, specifically if the worker has an acceptable claim and if he is entitled to a temporary total disability (TTD) wage loss benefit.
The employer argued that when the worker slipped, he was already off the clock and not being paid while waiting at the airport.
It further said that the employer’s responsibility to the worker ended when the worker exited the bus at the bus stop.
“When a worker chooses to fly, the employer provides a bus ride to a bus stop,” the employer noted. “Another bus, not operated by the employer, transports workers to the airport. The worker exited the employer-provided bus uninjured.”
Concerning the worker’s TTD benefits claim, the employer primarily argued that the medical evidence confirms that the worker was never unfit for all forms of employment.
“The day following his fall, the worker was assessed by a physician who cleared him with a fitness to sit, walk, use a motor vehicle and use public transportation,” the employer stated.
“The worker’s restrictions noted in the medical reporting did not preclude him from being able to work,” it added.
After examining the case, the Commission dismissed the employer’s appeal and concluded that the worker had an acceptable claim and was entitled to TTD wage loss benefits.
Although the employer argued that it was the worker’s choice to go outside the airport and smoke, the Commission disagreed that because the worker had left the airport, he also left the employer’s premises.
“We find the worker, at a time and place related to his employment, experienced a slip and fall accident due to a hazard,” the Commission stated. “His injuries arose out of and occurred in the course of his employment.”
It also said that at the time of the injury, the worker’s activities were reasonable and within the accepted use of the employer’s premises and related to the obligations of his duties.
Lastly, the Commission noted that based on the medical evidence, it was apparent that the worker was unfit for work and was eligible for TTD benefit because of the injury he suffered.
