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Tired Busdriver Tirelessly Pursues and Wins Worker’s Compensation Claim After Seven Years
Description Court of Appeals reversed Department of Worker’s Compensation decision against tired Greyhound busdriver who was assaulted on the way to an employer paid, Washington D.C. hotel room despite the fact it was located in the employee’s home city; the Court of Appeals deemed the assault "related to or incidental to his employment."
Topic Employment Law
Key Words Workers' Compensation, Criminal Injuries in Course of Employment
C A S E   S U M M A R Y
Facts After a 12-hour driving shift, Kolson parking his Greyhound bus at a Greyhound terminal in Washington, D.C. and was given a voucher to stay at a nearby hotel for sleep. While walking there, he was hit from behind with a pipe by an unknown assailant. Kolson's injuries kept him from working for four months. He filed a claim for temporary total disability under workers' compensation. The only issue was "whether claimant's injury arose out of and in the course of his employment." After seven years, the Department denied his claim because the injury occurred away from the work place. Kolson appealed.
Decision Reversed. Because Kolson lived in the D.C. area, he was not "on the road" when the injury was suffered. If he had been, compensation would have been granted. Kolson was going to the hotel because he was too tired to drive to his suburban home after his long shift; the employer agreed with his request and paid for his hotel near the bus terminal. Hence, his walk to the hotel was "related to or incidental to his employment."
Citation Kolson v. D.C. Dept. of Employment Services, ---A.2d--- (1997 WL 442396; D.C. Ct. App.)
699 A.2d 357 (Ct. App., D.C., 1997)

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