- In the course of employment
- Concussion
On February 23, 2022, the worker slipped and fell on ice in his yard while working from home during the COVID-19 pandemic. The sole issue under appeal was initial entitlement for a concussion.
The Vice-Chair allowed the appeal.The worker was in the course of his employment at the time of his slip and fall under Policy 15-02-02. The worker's home served as his fixed place of employment between March 2020 and May 2023, due to the employer's work-from-home requirement during the COVID-19 pandemic. The worker's core hours of work were generally 8:30 a.m. to 3:30 p.m.The worker had been taking his regular morning break at or around 9:35 a.m. on February 23, 2022, when he slipped and fell on ice, striking his head. He stated that he usually took his break around this time to align with his co-workers who worked at the employer's plant, and that it was his habit to go outside for fresh air during these breaks. During these breaks, he would have his phone with him so that he could take any work calls that arose. He also stated that this habit began while he had been working on the employer's premises, prior to the pandemic, and continued when he began working remotely. WSIAT jurisprudence has generally found that a paid coffee break is reasonably incidental to work, and does not remove the worker from the course of his or her employment. There was no evidence in this claim to indicate that the worker was running a personal errand during the time of the accident, or that he intended to take more than a brief break from his desk. The timing of his morning break was dependent on factors related to his work duties, and that the worker remained available for work during his break.The worker's claim also met the five points outlined in Policy 11-01-01. The worker had initial entitlement for a concussion, or mTBI, sustained in a slip and fall on February 23, 2022.