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An Arkansas appellate court has affirmed the denial of benefits to a truck driver who injured his right ankle a few seconds after he made an entry in his log book changing his status to “off-duty” and stepped out of his truck to go to the bathroom. That he was injured so soon after changing his status and while he still remained on the employer’s premises did not control, indicated the court. The relevant Arkansas statute [A.C.A. § 11–9–102(4)(B)(iii)], is one of the nation’s most restrictive, since it provides in relevant part that a compensable injury does not include any injury inflicted upon the employee at a time when employment services were not being performed. The court indicated that it might have been different if the driver left the truck to take a necessary bathroom break so that he could resume his services. Here, however, the driver was off work and not required to do anything.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is a leading commentator and expert on the law of workers’ compensation.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Trezza v. USA Truck, Inc., 2014 Ark. App. 555, 2014 Ark. App. LEXIS 808 (Oct. 22, 2014) [2014 Ark. App. 555, 2014 Ark. App. LEXIS 808 (Oct. 22, 2014)]
See generally Larson’s Workers’ Compensation Law, §§ 3.01, 26.01 [3.01, 26.01]
For a more detailed discussion of the case, see http://www.workcompwriter.com/arkansas-the-second-youre-off-the-clock-youre-on-your-own/
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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