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As many of you now know, I had a fall of sorts at work a month ago and a recent MRI now shows fractures of the cuboid and the calcaneous. So no stilettos for me. And I have a work comp prescription card. Vicodin on someone else's dime. Pretty darn sweet. Accordingly, I now relate to the plight of the injured worker. And the case recently offered up by Henry Davis strikes close to home. Which you will understand even more so when you hear the facts of the case. Think Cassandra's Confections.
Claimant, a correctional officer, is injured at home. In her driveway loading her vehicle full of food. She had spent two days cooking for the staff Christmas party (what a gal!). Her normal shift on the date in question would have been 8:00 a.m. until 4:00 p.m. She came in late because there was not adequate refrigeration for the food and she wanted her menu to sit in the truck as briefly as possible. Everything was in the truck except for one crock pot (I wonder if she has one that has the straps to secure the lid for travelling--I have always coveted those!) Anyway, as she was loading the crock, the door on the cab of the truck fell and struck her in the head and knocked her out.
The claim was defended based on the well-established "going and coming rule." There is delicious discourse from Hearing Officer Julie Bucklin about the state of the law on going and coming. This defense did not carry the day. Of note, claimant was being paid for an 8:00 a.m. to 4:00 p.m. shift and the accident occurred within the confines of that shift. The claimant's activities were deemed tantamount to working from home. Angela Raboin v. State, IAB# 1375687 and 1372848 (4/11/12).
I love this case. I, too, have unofficially catered events including for work. I really wanted to call this claimant and take her to lunch and perhaps swap a few recipes. Feeling in the presence of a kindred spirit, I wonder if she does the perennial covered dish at church? My tagline for my specialties--"Jesus saves.....but not the calories".
And should that curmudgeon of a defense lawyer Paul Tatlow show up at one of my events I have only one thing to say to Paul--"No cheesecake for you!"
(d/b/a Cassandra's Confections)
Visit Delaware Detour & Frolic, a law blog by Cassandra Roberts
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