Justices of the New Hampshire Supreme Court recently ruled the state workers' compensation appeals board erred when it found not compensable the work injuries of a man who suffered severe injury during a truck accident that occurred while he was driving from a job site to the main shop.
Specifically, the board in Appeal of Brandon Kelly ruled the worker, who fell asleep at the wheel of that truck, had to show his weariness was work-induced. The worker, who suffered a leg amputation as a result of the crash, had allegedly failed to prove this, the board found.
But the state supreme court ruled this was not a prerequisite to receiving workers' compensation, and there was no question the injury arose out of and in the course of worker's employment. Thus, his employment was a substantial contributing factor in the injury, and he deserved to be compensated.