Disability Law

Custodian who was injured at work while picking up a pill she dropped can collect workers? compensation benefits - Georgia workers? compensation case law update

By Jack E. Clay

On February 11, 2009 the Georgia Court of Appeals decided the case of Harris v. Peach County Board of Commissioners. This case involved the basic theory about whether or not an injured worker's on-the-job injury arose out of the course of the employment and in the scope of the employment. The employee suffered a knee dislocation. The administrative law judge and the Georgia State Board of Workers' Compensation upheld that the employee?s case was compensable. However, the Superior Court overturned the case. The whole case depended on whether or not the employee was performing one of her job duties at the time of the accident as she was bending over to pick up her diuretic pill from the floor when she hurt her knee. The Court discussed the fact that it was part of her job duties as a custodian to remove debris from the floor. In addition, she is expected to remove things from the floor, even her own pills. Therefore, the Georgia Court of Appeals overturned the decision of the Superior Court and awarded the injured worker workers? compensation benefits.

The Court of Appeals in this case held that the Georgia State Board of Workers' Compensation was able to find that the claimant's knee dislocation arose out of her employment. This is probably a good case for injured workers as it expands, to a small degree, circumstances under which they may collect compensation benefits. The big problem in this case was that the claimant dropped one of her own pills prescribed her by a physician and was injured while picking it up off the floor. Apparently, the result may have been different if the employee had not been a janitor (i.e. she would've not been required to pick up the pill). I believe this case falls into such a small category of cases that may not have wide impact on Georgia's workers compensation law.

If you or a loved one has been hurt at work, contact my Douglas County, Georgia law office for a free, no-obligation legal consultation.

Full post as published by Georgia Law Blog on March 13, 2009 (boomark / email).