Smoking can be dangerous | Arkansas Blog

Wednesday, March 10, 2010

Smoking can be dangerous

Posted By on Wed, Mar 10, 2010 at 1:28 PM

From a 5-4 Court of Appeals decision today:

A Jonesboro nursing home assistant, injured when she fell and broke her arm as she stepped outside to smoke while waiting for a line of employees to receive paychecks,  isn't entitled to workers compensation.

The Workers Comp commission had upheld a law judge who said the employee was waiting as instructed to receive a paycheck and on the clock until she received the check and thus was entitled to benefits. The majority said she was "not where she was supposed to be or doing what she was directed to do." Dissenters took a sharply different view. They said the employee was doing as instructed, waiting to take a flu shot and receive a paycheck, and thus advancing her employer's interest, a standard for determining benefits.

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