This month, Portner & Shure settled a Maryland
workers’ compensation case from an incident that arose at a voluntary work
event. Our client worked at Target, and
the company was holding an event for children where it was not mandatory for
employees to attend. Our client attended
the event wearing her Target uniform.
The police had a booth at this event where individuals could wear drunk
goggles, which allows them to see what it is like when someone is drunk. Police officers placed these goggles on our
client and she fell down a hill. As a result,
she severely injured her left knee, tearing her medial meniscus. Her injuries required surgery to repair.
Target claimed that
they were not liable under their workers’ compensation insurance because our
client was not working at the time of the accident. Based on the information gathered from the
Maryland Workers' Compensation Act, Section 5, Part C, subsection 2b, “The
courts have applied a ‘positional risk’ test to determine whether an accident
arose out of the employment. Under this test, an injury arises out of the
employment if it would have occurred but for the fact that the employer's job
required him to be in the place or position where he was injured.” Using this information, we were able to
settle the case for $71,000, which our client was very happy with.
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