The Ohio Supreme Court, in a 5 to 2 decision last week, raised the troubling question of whether state workers' compensation systems are truly "no fault."
In the surprising ruling - which injured workers' advocates fear could open up the issue across the country - the Court ruled that even though a 16-year-old fast food employee was severely injured while technically on the job, he had constructively "abandoned" his work status by disregarding repeated warnings not to do what ultimately caused his work injury.
[Some in California would argue that the state's own "serious and willful misconduct" statutes - which actually apply to both employers and employees (even though seldom used against employees) - would more likely be the preferred defense should similar facts arise here, rather than relying on the argument in Ohio -- that such alleged employee misconduct completely defeats the act of "working" itself!]
http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20061229/ZNYT02/612290808/-1/Help0530
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- Help for the Injured Worker
