Saturday, March 19, 2011
Injuries that Occur as a Result of Fights at Work
For example, I recently litigated a case where my client had been arguing all day with a co-worker about the co-worker's sloppy work that was keeping them from finishing a job on time. The co-worker started cursing at my client, who shoved the co-worker, who then punched my client, knocking him over and fracturing his ankle as he tried to maintain his balance. Because the subject nature of the argument was related to the work, the claim was found compensable. On the other hand, if the two had been fighting over a personal matter, such as a girlfriend, the injury would not be considered as arising out of the employment.
These cases are usually very awkward to litigate because many times the people who have fought are in the courtroom together and sometimes they describe the altercation in very colorful language. Hearing Kathy Hansen interpret the words "te voy a reventar el osico" and "revamientemelo pues, vieja puta" is one of the highlights of my career!
Chad T. Snow is an attorney who handles exclusively workers compensation matters before the Industrial Commission of Arizona. he can be reached at Snow, Carpio, and Weekley in Phoenix at (602) 532-0700 and in Tucson at (520) 647-9000.