- In the course of employment (employer's premises)
- Concussion
The worker was employed at a large university. She worked and then proceeded to walk to another university building on the university's premises to attend a Weight Watchers meeting for a weigh in. She then planned to return to her desk within the time she was allowed for a break. While the worker was in the building where the Weight Watchers meeting was to take place, she fell and sustained a concussion. The employer appealed the WSIB's decision to allow the worker initial entitlement for injuries caused when she fell and was concussed on July 21, 2017.
The employer's appeal was denied. The Panel found that the worker's accident arose out of and in the course of her employment. The Panel noted that Policy 15-03-03, "On/Off Employer's Premises", and 15-02-02, "Accident in the Course of Employment", were applicable and could be interpreted together to achieve a consistent result. The decision discussed the substantial policy reasons behind the premises rule. The worker was attending an event that was open for her to attend and for which space had been provided by the employer. It may not have been an employer organized event, but it was an event which the employer knew was occurring and the employer at least tolerated the worker's attendance at the event. The employer's action of providing space for the weight watcher's program to occur, and in allowing for the promotion of that event using university resources, was an act of condonation similar in nature to the example provided in Policy 15-03-03, to employers making premises available for sports activities. The worker was not actually injured while participating in that program but while travelling on the employer's premises to where the employer condoned activity was taking place. The worker was permitted to be, and not prohibited from being, at the place she was on the employer's premises when the accident occurred. The speed at which the worker was walking and whether her shoelace was tied or untied did not change the nature of the activity the worker was undertaking at the time of her accident. The worker's accident occurred during her ordinary working hours while she was on the employer's premises during a paid work break. The Panel arrived at the same conclusion in applying the provisions of Policy 15-02-02 with its focus on the criteria of place, time, and activity. The worker was on the employer's premises, during work hours, at a place she was allowed to be and travelling to participate in an employer sanctioned activity at the time of the accident, which was reasonably incidental to employment. While performance in the activity was not mandatory and the worker chose to participate in the program for personal reasons, that was not sufficient to displace the other work-related aspects of the accident that occurred. Having condoned the program and having allowed the worker to attend at the location of the program, the worker was in the course of her employment and entitled to benefits under the WSIA for her injuries.