522 S.W.3d 919
(Mo. App. S.D. 2017)
Full Opinion: [Hedrick v. Big O Tires]
Code(s): C007 Accident; C011 Safety Violation; C016 Employee Misconduct
Factual
Background:
Claimant
was a mechanic for Big O Tires. His duties included fixing tires, performing
vehicle alignments and oil changes, and general mechanic work. Changing tires
sometimes required adhesive glue which needed to be heated to apply more
easily. Claimant, for fun, lit the entire can on fire while a co-worker was
holding it. The co-worker dropped the can and it exploded, seriously injuring
them both.
Commission Decision:
The
ALJ denied the claim based on Claimant’s inability to show a compensable
injury. The Commission affirmed the denial and issued a supplemental decision
stating that the risk or hazard from which Claimant’s injuries came were the
result of his own voluntary choice to engage in a spontaneous, unprecedented,
and potentially deadly act when he lit a can of industrial adhesive on fire.
Analysis/Holding:
The
Southern District focused on the issue of whether Claimant expected or foresaw
that the event of igniting a can of flammable adhesives held by another person
could produce injury. The Commission had found that he readily admitted such an
activity was unquestionably dangerous, but he made the voluntary choice to take
such actions regardless.
Therefore, the Court affirmed the Commission decision.
The Takeaway:
When
an employee knowingly and voluntarily engages in an activity which is likely to
cause injury, then any resulting injuries are likely not compensable.