Court Upholds Award to Worker with Alcohol in His System
- The Kentucky Supreme Court upheld a workers’ compensation award to a traffic control flagger for Louisville-based Safe Zone Services who was struck by a vehicle in March 2023, while crossing a highway to return from an authorized trip to a convenience store for a phone charger needed for work communications.
- Safe Zone denied the worker’s claim, arguing he was barred from recovery due to voluntary intoxication after hospital testing detected alcohol in his system, though below the legal driving limit, and also alleged a pedestrian safety violation should reduce his benefits.
- The court found that a 2018 amendment to state law replaced broader intoxication language with provisions covering only illegal, nonprescribed substances and prescription substances taken in excessive amounts, meaning alcohol falls outside the statute’s intoxication defense.
- The court also held Safe Zone failed to provide compelling evidence to justify a 15% benefit reduction under the law for an alleged safety violation, affirming the Court of Appeals.
Nurse Fights Denial of Claim for Injury During Walk to Employer Housing
- Teresa Vo, a contract nurse struck by an ATV on June 18 while walking from the Gjoa Haven health center in Canada’s Nunavut Territory.to her employer-provided accommodation, had her workers’ compensation claim denied on July 24, then accepted on appeal Aug. 6 with a $3,783.89 payout on Sept. 2, only to have that decision overturned again on Sept. 3, though the commission later said it would not seek repayment of the initial payment.
- In denying the claim, the Workers’ Safety and Compensation Commission cited a policy stating that because Vo was not on employer premises, no work incident occurred and her injury did not arise during the course of employment.
- Vo disputed the denial, saying she was travelling directly between her workplace and employer-provided housing, not on an ordinary commute, and that unreliable taxi service left walking as her only practical option after working overtime until 7:30 p.m.
- Labor experts argued employers have a responsibility to ensure safe transport for workers living in employer-provided housing in remote communities, with one noting employers should reasonably anticipate hazards like ATV traffic and darkness in northern communities where workers wouldn’t otherwise be present.