Workers' Compensation doesn't cover employee's wipe out on bicycle while avoiding rabbit
The Illinois Workers' Compensation Commission held that the claimant's injruies, sustained when he fell on his lunch break after leaving the facility to go home, but while on the employer's property, did not arise out of and in the course of his employment.
Case name: Tillery v. McLean County Nursing Home, 19 ILWCLB 67 (Ill.W.C.Comm. 2011).
Tillery, an employee at the defendant's nursing home, testified that he had checked out for lunch and was heaing home to pick up a doctor's slip for an appointment he had in the future. He was leaving the facility on his bike on a paved road when he was startled by a rabbit. He swerved his bike and fell. Tillery then testified that the nursing home is located in the vicinity of a park and, therefore, the necessity of swerving to avoid a rabbit is an occurrence that arises out of his employment. In denyng benefits, the arbitrator noted that upon review of the pictures of the area, Tillery agreed that the park is on the opposite side of the building from where Tillery fell. The entire complex of the nursing home building, plus the hursing home parking lot separates the location of the injury from the park. In fact, on the opposite side of the defendant's property, there is a commercial location that used to be a grocery store. Based upon all of these facts, the arbitrator found Tillery did not face a greater risk of injury than the general public after being startled by a rabbit. Therefore, Tillery failed to prove an injury arising out of and in the course of his employmnet.
Upon review the Illinois Workers' Compensation Commission affirmed and adopted the decision of the arbitrator.
