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	<title>SafetyNewsAlert.com &#187; ruptured tendon</title>
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	<description>Occupational safety and health news for workplace safety professionals.</description>
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		<title>Worker ruptures tendon climbing into truck and applies for comp</title>
		<link>http://www.safetynewsalert.com/worker-ruptures-tendon-climbing-into-truck-does-he-get-comp/</link>
		<comments>http://www.safetynewsalert.com/worker-ruptures-tendon-climbing-into-truck-does-he-get-comp/#comments</comments>
		<pubDate>Fri, 11 Sep 2009 10:00:55 +0000</pubDate>
		<dc:creator>Fred Hosier</dc:creator>
				<category><![CDATA[Bizarre Accident of the Week]]></category>
		<category><![CDATA[Injuries]]></category>
		<category><![CDATA[Special Report]]></category>
		<category><![CDATA[Transportation safety]]></category>
		<category><![CDATA[What do you think?]]></category>
		<category><![CDATA[Workers' comp]]></category>
		<category><![CDATA[new court decision]]></category>
		<category><![CDATA[climbing into truck]]></category>
		<category><![CDATA[ruptured tendon]]></category>
		<category><![CDATA[shipping yard]]></category>
		<category><![CDATA[tractor trailer]]></category>

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		<description><![CDATA[
Workers&#8217; comp boards and courts draw a fine line between what is and what isn&#8217;t a work-related injury that qualifies for benefits. See if you can guess how the court ruled in this case: 
Michael Haley worked in a shipping yard which handled arriving and departing tractor trailers and the loading and unloading of the [...]]]></description>
			<content:encoded><![CDATA[<p><img class="alignnone size-full wp-image-3928" title="truck" src="http://www.safetynewsalert.com/wp-content/uploads/2009/09/truck.jpg" alt="truck" width="360" height="290" /></p>
<p>Workers&#8217; comp boards and courts draw a fine line between what is and what isn&#8217;t a work-related injury that qualifies for benefits. See if you can guess how the court ruled in this case: <span id="more-3908"></span></p>
<p>Michael Haley worked in a shipping yard which handled arriving and departing tractor trailers and the loading and unloading of the trucks. Part of his regular duties included climbing into and out of truck cabs.</p>
<p>One day at work, when he stepped into the cab of a truck, he felt a spasm in his left leg.</p>
<p>Haley didn&#8217;t climb the step in an unusual or awkward way, and there wasn&#8217;t anything strenuous about stepping up a total of 16 inches.</p>
<p>After the spasm, Haley had no strength in his leg and had trouble moving it.</p>
<p>Doctors diagnosed a ruptured quadriceps tendon and performed surgery quickly thereafter. Complications soon developed, causing Haley to walk with a cane for some time after the injury.</p>
<p>He applied for workers&#8217; comp. The state comp commission found that he hadn&#8217;t proven his injury &#8220;arose out of&#8221; his employment and denied his claim for benefits. Haley appealed.</p>
<p>A state appeals court upheld the comp commission&#8217;s decision, so Haley didn&#8217;t get benefits.</p>
<p>Haley had argued that the 16-inch step was higher than a normal step that most people would encounter outside of work, and for that reason, he should get comp.</p>
<p>However, the court noted that doctors weren&#8217;t able to explain any link between Haley&#8217;s work duties and the rupture. All they were able to say is that the injury occurred <em>at</em> work.</p>
<p>&#8220;At work&#8221; isn&#8217;t necessarily good enough to qualify for workers&#8217; comp. Case closed: The company won.</p>
<p>Do you think the court made the right decision? Let us know in the Comments Box below.</p>
<p><strong>Cite: </strong><em>Haley v. Springs Global U.S., Inc. and Zurich American Insurance Co., Court of Appeals of Virginia, No. 2841-08-3, 8/18/09.</em></p>
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