Q: I was out getting a sandwich on my lunch break and fell crossing the street on my way back to work.
Can I get workers' comp benefits?
A:
Probably, its called the "personal comfort doctrine" when a person must do obvious tasks for their own comfort and well being it still falls within wc. The DWI Decision Manuel states: Personal Comfort Doctrine. To be compensable, an injury does not have to occur while the IW is actually performing work or some duty for the employer. Such an injury may be found compensable if it occurred while the IW was engaged in an activity to administer to his or her "personal comfort." The Supreme Court of Texas has described the "personal comfort" doctrine in the following terms:
An employee need not have been engaged in the discharge of any specific duty incident to his employment; rather an employee in the course of his employment may perform acts of a personal nature that a person might reasonably do for his health and comfort, such as quenching thirst or relieving hunger; such acts are considered incidental to the employee's service and the injuries sustained while doing so arise in the course and scope of his employment. Yeldell v. Holiday Hills Ret. and Nursing Ctr., Inc., 701 S.W.2d 243, 245 (Tex. 1985).
I hope this helps, good luck.
Whether an injury is compensable under this exception is a question of fact for the HO to resolve. APD 012957.
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