The Department of Labor’s employee compensation appeals board has found that an employee’s injury almost an hour prior the start of his morning shift was not sustained in the performance of federal employment even though he was injured at the workplace.
As part of his morning routine, the Navy shipyard welder in this case arrives at work about 50 minutes before the start of this shift. In March 2006 he slipped before his shift, twisting his knee. In June 2006 he filed a benefits claim with Labor’s workers compensation office, but was denied.
The office found in August that the appellant’s injury was not sustained in the performance of duty, noting that he was not required to be at his place of employment that long prior to his shift and that he was not working at the time. The welder admitted as much, but argued that his injury occurred in the context of his job, noting that the bus drops him off that early, and his morning routine includes brief socializing over coffee.
A hearing officer in April 2007 rejected that argument and added that the appellant’s activities at the time he was injured – he was turning the corner in a dark hallway on the way to his office – were not part of a reasonable interval before official working hours while engaged in incidental employment activities.
On appeal, the Labor appeals board agreed that he employee was at work too early to be considered working for the purpose of workers compensation.
