Question

Two employees take their morning break at 10:00 a.m. and on the way downstairs to the café one of the employees falls down the stairs and breaks her arm. What doctrine would be determinative of compensability and make her injury covered by work comp?

(A) Her injury is compensable under the Personal Comfort Doctrine.

(B) Because she was common area when she was injured, her injury comes under the Premises Doctrine and it would NOT be compensable.

(C) She was not engaged in the duties of her employment at the time of her injury, so her injuries aren't compensable.

(D) The Personal Risk Doctrine dictates that her injuries are NOT compensable.

Answer 1

The injury would likely be covered under the Personal Comfort Doctrine, which allows for employee compensation for injuries sustained during reasonable personal comfort activities within the scope of employment (A).

Step-by-step explanation:

The incident described would be governed by workers' compensation laws, which vary by jurisdiction but generally cover injuries that occur in the course of employment. The most applicable doctrine to determine the compensability of the employee's injuries in this scenario would be the Personal Comfort Doctrine. This doctrine recognizes that employees are entitled to a certain degree of personal comfort while at work, and activities such as taking breaks, eating, using the restroom, and similar personal necessities, if carried out within the reasonable expectations and timeframes of the employer's allowances, are considered incidental to employment and thus compensable.

In contrast, the Premises Doctrine applies to injuries sustained on the employer's premises while the employee is coming to or going from work, and the Personal Risk Doctrine argues that injuries arising from risks personal to the employee will not be covered. In this case, assuming the fall was not due to a purely personal risk unrelated to the employer's premises or the employment itself, the injury would most likely be compensable under the Personal Comfort Doctrine.