Sleepy Employee Hurt Driving Home Denied Mass. Workers' Comp - Insurance Journal, CA
A construction worker on Boston's 'Big Dig' highway project is not entitled to workers' compensation benefits for injuries he suffered after he fell asleep while driving home late from work, the state's high court has ruled.
The worker, who had worked 27 hours straight before driving home, was not entitled to benefits because he did not prove he was required to work the long shift, the Massachusetts Supreme Judicial Court said in reversing an Industrial Accident Board ruling.
The case involved the so-called 'going and coming' rule under which compensation is typically not granted for injuries suffered by employees going to and coming from their work.