Wednesday, March 10, 2010

Coworker Gives Employee a Bottle of Mountain Dew; Employee, While Intoxicated, Drinks the Contents which is Toxic; Workers’ Compensation Claim?

As reported in Lynch Ryan’s blog, the Vermont Supreme Court in Cyr v. McDermott’s, Inc., 2010 VT 19 (2010) held that the Workers’ Comp claim might be compensable, remanding for a determination on whether it occurred in the course of employment.

If drinking, at home, a bottle of what an employee thought to be Mountain Dew given to the employee by a non-supervisory co-worker, gives rise to a legitimate Workers’ Compensation claim, I have to wonder whether a layoff (or even “persistent perceived job insecurity”) which adversely affects the employee’s health and life expectancy, gives rise to a Workers’ Compensation claim. A recent New York Times article discusses the physical and emotional impact on employees of job insecurity.


john..... said...

very well written and intriguing post. thanks author. i would like to say something on compensation claim, Regardless of your occupation, there exists the risk that you will sustain an injury in the workplace or in the performance of work-related tasks offsite. Though some kinds of employment come with a much greater likelihood of injury or possess the potential for more severe accidents to occur, even positions that seem at first glance to be completely safe are typically rife with hidden or non-obvious dangers. Workers' compensation benefits are intended to help you to receive the medical attention that is necessitated by your injury or occupational illness. They may also grant you a portion of the income lost due to missed time at work attributable to the injury.

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