Injuries a New Jersey foreman plumber suffered while driving for coffee arose in the course of his employment, a New Jersey appellate court recently ruled.
According to Business Insurance, the January 13 decision by the Superior Court of New Jersey Appellate Division in Jason R. Goodbody* v. Barnickel Enterprises Inc. upheld a Division of Workers’ Compensation finding that Cooper suffered 100% disability as a result of a February 2003 auto accident resulting in compound fractures in both legs and his left arm. Barnickel appealed the division’s judgment, citing the accident occurred while Goodbody was on a personal errand unrelated to his work, irrespective of company authorization to use one of its vehicles.
The accident happened shortly after Goodbody left a union hall where he had gone to talk about an upcoming company project with a union instructor. But because the instructor was busy teaching a class, Cooper instead had a coffee break.
The New Jersey Appellate Division stated in its ruling that Goodbody, who is an “off-site” employee, i.e., one who does not report to a single job site, could not be expected to “stand like a statue or remain at the union hall with nothing to do for such a period, particularly when there was no coffee available at the site.” (workersxzcompxzkit)
Accidents occurring during coffee breaks for off-site employees are equivalent to those suffered by on-site workers and “are minor deviations from employment which permit recovery of workers’ compensation benefits,” the court stated.
*Name changed for privacy.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers' Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: [email protected] or 860-553-6604.
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WC Books: http://www.reduceyourworkerscomp.com/workers-comp-books-manuals.php
TD Calculator: www.reduceyourworkerscomp.com/transitional-duty-cost-calculator.php
WC Calculator: http://www.reduceyourworkerscomp.com/calculator.php
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