by Admin
24. September 2011 19:05
11 IWCC 750
Award: NONE. Not a work-related accident.
Accident: In the break room was a lunch room table. It had attached benches. P stepped over the bench and sat down. He decided he was too close to the table because of the coffee. He intentionally scooted back. He fell to the floor. He landed on his left shoulder which was injured. P criticized the table and bench as too small, like an elementary school table. But Arbitrator holds that there was no increased risk P was exposed to beyond that of the general public. Further, P didn't call any expert witness to show how the table was defective:
"P had no expertise in the design or proper dimensions of such tables and had no experiences in the purchase of such tables. He further testified that he had two disputed claims relating to his employment at the plant and he had been vice president of the employee's union for many years. His opinion was biased, not credible and was not based on the standard for proof of a defective or hazardous condition specified in Caterpillar Tractor Co. v. Ind. Com., 129 Ill.2d 52, 61 (1989)"
Injury: Doesn't matter
Restrictions: Doesn't matter