 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Moore v. Helena/West Helena School Risk Management Resources11/30/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Lawrence Moore, a school janitor, was injured when a chair broke as he sat down, causing him to fall to the floor. An Administrative Law Judge (ALJ) found that Moore's injury was not compensable because he was not performing employee services at the time of the injury. The Commission adopted the findings and decision of the ALJ. Moore appeals the Commission's decision, arguing that he was performing employee services when he was injured. We affirm. Moore was a school janitor for the Helena/West Helena School District. At the hearing, he testified that, after taking out the trash from the school cafeteria at J.F. Wahl Elementary, he went back into the cafeteria and observed one of the cafeteria workers, Shirley Goings, attempting to shelve cans of food. Moore began to help Goings place the food items on shelves because she was short and the shelves were high. According to Moore, Goings was removing cans from food boxes, handing them to him, and then he was placing them on the higher shelves. When Moore worked his way down to the lower shelves, he claimed that he sat in a chair that broke as he sat down, causing him to fall heavily on his back. Moore stated that he got up and completed the shelving project and then notified the appropriate person of his injury, which occurred about 10:35 a.m.
Moore operated the snack bar in another area of the school daily that opened around 11:00 a.m. He would operate the snack bar until 1:15 p.m. Moore stated that he did whatever the employees would ask him to do in the kitchen, such as changing light bulbs, putting up canned goods, and maintaining kitchen equipment. According to Moore, he did not go into the kitchen with the purpose of eating, but he indeed planned to eat at some later point after he finished any chores that needed to be done, if he had time to do so before he had to open the snack bar. Moore testified that he never ate on the day that he was injured. In a claim form, Moore wrote that he had gone to the cafeteria to eat when he was injured. The claim form asked Moore to briefly discuss the cause of injury, and Moore wrote, "The chair broke. I sat down to eat lunch. When I got the chair, the chair broke and I fell on my back." He never mentioned in the form that he was helping a co-worker shelve food items. On cross-examination, Moore stated that he "was not aware had to put down exactly what was going on at the time." In a deposition, Moore was asked if he had started eating his lunch when the injury occurred. Moore replied, "No sir, not-well, I got some food afterwards, after we finished the canned goods." In the testimony at the hearing, Moore maintained that he never got any food. Moore returned to work after reporting the injury and completed his duties that day. The next day he sought medical treatment and it was eventually determined that he had a herniated disc at L5-S1. Dr. Pillow, Moore's treating physician, stated that the disc was the result of acute trauma and he removed Moore from work. According to Moore, as a result of the injury, he experiences neck, left side, and low back problems. After placing Moore on light duty, Dr. Pillow took Moore completely off work on January 31, 2003. Moore testified that he was paid sick leave up until approximately April 1, 2003. Moore has been terminated by the school district.
Four cafeteria workers testified on Moore's behalf. Shirley Goings testified that Moore was helping her shelve cans when he sat down in a chair that collapsed, causing him to fall backwards. According to Goings, Moore sat down at the lunch table, and when he saw her having difficulty stocking the shelves, he began to help her. Goings stated that Moore was not eating wh
Page 1 2 3 4 Arkansas Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|