• Deviation from Work To Obtain Feminine Hygiene Products A Temporary Departure. Injuries Are Compensable.
  • July 18, 2017 | Author: Francis X. Wickersham
  • Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - King Of Prussia Office
  • Approximately six hours into her shift, and with her supervisor’s permission, the claimant drove a tug from the terminal where she was located to another terminal in order to meet her mother. The claimant’s mother brought her feminine hygiene products, money and other items she had requested just after she reported for work. While the claimant was driving the tug, it flipped and trapped her left leg, which had to be amputated below the knee. The Commonwealth Court agreed with the Workers’ Compensation Judge and the Appeal Board that the claimant was in the course and scope of her employment at the time she suffered her injury. According to the court, the claimant’s conduct fit within the Personal Comfort Doctrine, which holds that an employee does not fall outside the course of employment for a momentary departure from active work in order to attend to “personal comfort,” such as using the restroom, changing contact lenses, etc.