Illinois worker assaulted by a customer is denied workers comp benefits
The Illinois Workers' Compensation Commission denied benefits to a telecommunications
salesperson who was assaulted by a customer. The claimant worked as an account executive for Allegiance Telecom. He was responsible for selling services to businesses, including long distance and Internet. The claimant was in the area of the client's business and decided to make an improptu appointment. He called just before his visting.
Upon entering the premises, the of owner of the business acted in an angry manner. The worker left the building, but the owner followed him outside and struck the claimaint in the face. In a police report, the worker stated he went to the business to collect money owed him by the owner.
An Arbitrator of the Illinois Workers' Compensation Commission denied benefits as the attack upon the claimant was not occasioned by a business-related reason, but rather, by a personal reason. Upon review, the Commission affired and adopted the decision of the Arbitrator.
Based on the police reoprt and the tesitmony of all the witnesses, the arbitrator concluded that the reason the claimant made an impromptu call to the business owner was to collect a private debt owed him by the business owner. Therefore, the assault did not arise out of or in the course of the claimant's employment.
