Court backs payout in break-room fall

A 71-year-old woman is entitled to have her temporary disability benefits, as well as medical expenses, be covered by her employer's insurance company after she hurt her hip in a break room at work.

On Wednesday, the Arkansas Court of Appeals upheld a ruling from the Arkansas Workers' Compensation Commission that found Joyce Wood was "performing employment services" when she slipped, fell and fractured her pelvis while getting something from the building's vending machine.

At the time of her fall, Wood was 69 and worked part time as a receptionist for the Centers for Youth and Families in Little Rock.

On Jan. 14, 2014, Wood clocked in at her normal time of 8 a.m. and handled the morning rush, and when it slowed down, she went to the vending machine to get a snack, which was typical, she had testified.

She didn't notice any pain until a few days after her fall, according to court records, and promptly went to the doctor where she was diagnosed with a fractured pelvis.

The center's insurer, Risk Management Resources, contested her workers' compensation claim, arguing that she was getting a snack, not working, when she fell.

It argued that by not being at her workstation, she "could not have been performing employment services," and that getting something to eat was "entirely personal in nature and unrelated to her work," according to court filings.

Writing for the court, Arkansas Court of Appeals Judge Bart Virden sided with the Workers' Compensation Commission and said that Wood was allowed to leave her workstation. Since there was no work for her to be doing, going to grab a snack until the phone rang qualified as "employment services."

In addition to paying for medical expenses and future medical treatment, Wood is entitled to $139 in disability pay for every week between January 29, 2014, and her return to work April 8, 2014.

Metro on 06/18/2015

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