Lumbermens Mutual Casualty Co. v. Amerine
Lumbermens Mutual Casualty Co. v. Amerine
Opinion of the Court
This is a workmen’s compensation case. As a part of the claimant’s duties as a salesman in a building material warehouse it was necessary for him to use a bicycle in traveling throughout the warehouse and premises which the employer had provided for the use of the employees.
The administrative law judge, after hearing considerable evidence, held that he was injured riding with the front wheel in the air while riding in the warehouse checking on availability of materials and that claimant sustained an injury which arose out of and in the course of his employment. Her conclusion of law was that while this was a hazardous act where possible danger is obvious, it did not, as a matter of law, constitute "wilful misconduct” within the meaning of Code Ann. § 114-105. She further concluded that claimant’s behavior, along with the behavior of his fellow employees, in the method of riding the bicycle was such as to constitute negligence, but not such negligence as would amount to "wilful misconduct as a matter of law,” and that there was no rule against "doing wheelies.” Hence, it could not be considered wilful misconduct. She made an award in favor of the claimant.
On appeal to the full board her findings of fact were adopted with the additional finding upon de novo consideration that the evidence was insufficient to support a "defense of horseplay or wilful misconduct” and the conclusion of law that the claimant was not barred from receiving compensation by virtue of any act on his part. The award of the administrative law judge was adopted with one dissent. On appeal to the superior court it was affirmed. The employer insurer appeals. Held:
Considering the conflicting testimony before the administrative law judge, the adoption by the majority of the full board of her findings with the additional finding that the evidence was insufficient to support a defense of
Judgment affirmed.
Reference
- Full Case Name
- LUMBERMENS MUTUAL CASUALTY COMPANY, INC. v. AMERINE
- Cited By
- 2 cases
- Status
- Published