An untied shoelace leads to a worker’s comp claim - Idaho Business Review
The Idaho Supreme Court recently affirmed the Idaho Industrial Commission’s determination that Michael Vawter, a former delivery driver for United Parcel Service (UPS), was entitled to worker’s compensation benefits when he injured his back while tying his boots at work. Based on this case, it may be difficult for an employer to argue that an injury that occurred on the employer’s premises did not arise out of the employee’s employment.
Mr. Vawter worked as a delivery driver for UPS in Cascade. After clocking in on the morning of December 18, 2009, he sat down and bent over to tie his boot laces. While bending over he felt a pop and pain in his lower back. He sought medical treatment and eventually underwent two back surgeries.
Mr. Vawter filed a worker’s compensation complaint with the Idaho Industrial Commission alleging he suffered a low back injury due to an accident that arose out of and in the course of his employment with UPS. UPS denied the claim. The parties agreed that the injury occurred during the course of Mr. Vawter’s employment. However, there was a dispute as to whether the injury arose out of Mr. Vawter’s employment with UPS.
The Idaho Supreme Court recently affirmed the Idaho Industrial Commission’s determination that Michael Vawter, a former delivery driver for United Parcel Service (UPS), was entitled to worker’s compensation benefits when he injured his back while tying his boots at work. Based on this case, it may be difficult for an employer to argue that an injury that occurred on the employer’s premises did not arise out of the employee’s employment.
Mr. Vawter worked as a delivery driver for UPS in Cascade. After clocking in on the morning of December 18, 2009, he sat down and bent over to tie his boot laces. While bending over he felt a pop and pain in his lower back. He sought medical treatment and eventually underwent two back surgeries.
Mr. Vawter filed a worker’s compensation complaint with the Idaho Industrial Commission alleging he suffered a low back injury due to an accident that arose out of and in the course of his employment with UPS. UPS denied the claim. The parties agreed that the injury occurred during the course of Mr. Vawter’s employment. However, there was a dispute as to whether the injury arose out of Mr. Vawter’s employment with UPS.
