Tramps like us . . . Baby, we were born to run!

SO the Detour & Frolic is back, thanks in huge part to my daughter, Caroline, who has graciously agreed to take on the role of Blog Administrator, occasional guest author, and technology maven.  I like to think of it as the Ultimate Mommy & Me.  

And today’s post just screams for attention, and perhaps a bit of roadside assistance.  Running through the chicken plant, careening into an array of dead chickens suspended upside down, feathers on the floor, and one plows into a pole, sustaining serious head and facial trauma.  There is a semantic issue as to whether the injured worker was running or simply walking really fast.  In fairness, there was a safety policy on this issue and claimant had been disciplined for “running” in 2012. 

What makes this case so special?  The surprise ending — benefits are denied due to the claimant’s “reckless and deliberate indifference to danger running in the workplace” pursuant to the forfeiture provision of 19 Del. Code Section 2353(b).  Check it out, Vauguel Pierre v. Perdue Farms, IAB Hr'g No. 1486398 (Nov. 2, 2020).

Maybe I am in the minority, but I didn’t see this coming.  Well played, Frank Nardo, well played indeed!

This case is currently on appeal in the Superior Court.  More good stuff to follow, including Caroline’s upcoming post about the folly of the errata sheet.  It’s good to be back!

Irreverently Yours,

Cassandra Roberts