Hand Injury Suffered During Fight Was Work-Related

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A worker injured his left hand after getting into a fight with a co-worker in the workplace. He filed a workers’ comp claim. The issue: Did his injury arise out of and in the course of his employment? The Appeals Commission said yes. It acknowledged that the worker had violated company policy against workplace violence and demonstrated disregard for safety. But the fight started after the worker confronted the co-worker about a note he’d left at their shared work station complaining about improper cleaning of the machinery. The discussion about this work issue escalated into the fight. Thus, the Commission concluded that the injury wasn’t primarily due to serious and wilful misconduct and was sufficiently work-related to be covered by workers’ comp [Decision No. 2010-427, [2010] CanLII 29293 (AB W.C.A.C.), May 25, 2010].