Illinois Workers' Comepnsation claim topped for failure to show increased risk
The Illinois Workers' Compensation Commisison held that an employee who alleged she slipped and fell at work failed to prove she sustained an accident arising out of and in the course of her employment
Martniez v. Universal Laminating, 16 ILWCLB 237 (Ill.Ind.Comm. 2008)
Martinez testified that she slipped and fell on scrap material that was coming out of a machine and onto the floor at work. She stated there there was a large pile of debris. However, evidence indicated that the machine was equipped with a bin to collect scrap material. Two witnesses to the accident testified that there was no such material present that Martinez just seemed to trip over her own feet. The arbitrator found Martinez failed to prove an accident occurrred that arose out of and in the course of her employemnt. Upon review the Commission affirmed and adopted the decision of the arbitrator.
The arbitrator explained that at best, Martinez sustained an unexplained fall. However, not all unexplained falls are compensable. The courts have gone to great lengths to find some increased risk of employment, such as the employee carrying soemthing as she descended a stariway or hurrying for a work-related reaosn. The Commission affirmed this position in Trevino v. Phoenix Builders.
In the instant case, there was no increased risk when Martinez fell. Furthermore, the arbitrator found that Martinez's testimony regarding how she fell and subsequent events were not credible. Her testimony was internally inconsistent and inconsistent with the medical records. Also, her testimony conflicted with the two witnesesses. Accordingly, the case was not compensable.
