Drunk and Sleeping on the Job? A Maine Workers Compensation Perspective!

2/22/2012 10:00:00 AM

From time to time we come across an interesting story that challenges our understanding of Maine workers’ compensation. One such story came out of Utah where a construction worker fell down an elevator shaft. Shane Wood was working as a painter for Karr Painting and Decorating, when he fell down an empty elevator shaft from the third floor down to the first.

At first glance this seems like a model case where workers’ compensation insurance should be given to someone who was injured while performing his job. The part that makes this story interesting is that a co-worker testified that Wood had drank whisky and vodka, then took a two-hour nap in a closet, and following that he fell down the elevator shaft. Believe it or not, Wood’s request for workers’ compensation was initially approved because his accident took place on the job site during the work day.

Karr Painting and Decorating did appeal the decision and later the Labor Commission Appeals Board reversed the decision, saying that Wood had “stopped working” when the accident took place. Courthouse News reported what Judge William Thorne Jr. wrote in his ruling. He said, "Although both the board and this court are obligated to construe the (Workers' Compensation) Act liberally and resolve any doubt in favor of coverage, it would be pure speculation to assume that Wood was returning to his work duties at the time he was injured, as opposed to merely continuing his non-work related activities." Apparently, the acts of drinking and sleeping were construed as non-work acitivities and in this aspect the court ruled not to award workers’ compensation to Shane Wood.

While speaking with Paul Sighinolfi, the Executive Director of the Maine Workers’ Compensation Board, I found out that the state of Maine has a statutory provision which excludes someone from being awarded any payment if found to be drinking on the job. It is safe to say that it could be dangerous on so many levels to drink and/or nap on the job, as Shane Wood found out. If you are an employer or an employee and have any questions on your workers’ compensation insurance, give the professionals at W.J. Wheeler Insurance Agency a call at 877-753-9598.