Situation
A worker quits his job as a long distance truck driver, giving 14 days’ notice. He completes a delivery after giving notice and then doesn’t perform any work for the employer. Six days after giving his notice, he declines a new delivery assignment and returns to the employer’s premises to retrieve his personal belongings from the truck that he’d been responsible for operating. He also returns to the employer some keys and toll money previously advanced to him. While retrieving his personal items from the truck, the worker injures his shoulder. He submits a claim for workers’ comp benefits for the injury.
Question
Is the worker’s injury covered by workers’ comp’
A. No, because he was injured after he quit his job.
B. No, because he wasn’t performing a work-related task when he was hurt.
C. Yes, because the injury occurred on the employer’s premises.
D. Yes, because he was injured while performing activities incidental to his employment.
ANSWER:
Insider Says: For a comparison of two cases involving injuries suffered by drunk workers, see ‘Winners & Losers: Does Workers’ Comp Cover Injuries Suffered or Caused by Drunk Workers’‘ 02/09, p. 16.
Re: 20126400, [2012] CanLII 21141 (NB WHSCC), April 18, 2012