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A robber wearing a ski mask and carrying a box cutter demanded claimant turn over his employer's money. When the employer had only $1 on premises, the robber stole claimant's cell phone and fled. The robber dropped the cell phone but when claimant tried to pick it up he slipped and fell and hurt his arm. The employer disputed the pursuit arose out of claimant's employment because he chased the robber to recover his own property and the employer had a vague policy for employees not to chase criminals. The Commission, in a 2-1 decision, affirmed an award of benefits and found the accident arose out of the employment, the armed robbery was a hazard of employment, and chasing the robber was not a deviation due to the limited time and scope of the pursuit. Freeman v Lilmonstra, 2012 Mo WCLR Lexis 25 (2-22-12).
Source: Martin Klug, Huck, Howe & Tobin. Read Martin Klug's Mo. Workers' Comp Alerts.
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