Compo granted despite injury while driving drunk

Compo granted despite injury while driving drunk

Source: Workplace OHS

The NSW Workers Compensation Commission has dismissed an appeal on a finding that compensation should be paid to a worker who was injured while driving over the legal alcohol limit.

The Coles Myer Logistics worker drank while at a union meeting and subsequently crashed his motorbike on the way back to work, sustaining injuries to his wrist, ribs, foot and knee. His blood alcohol reading was recorded as 0.109 grams per 100 millilitres.

Coles appealed against an arbitrator's decision granting the worker compensation, arguing the worker's journey was from a social gathering as he delayed the commencement of his journey from the meeting to Coles for 'many hours for a reason unconnected with the duties of a trade union representative ie drinking with his mates'.

Further, Coles submitted the interruption or delay increased the risk of injury on the journey and changed the nature of the journey in that the 'employment time span ended'.

The Commission rejected the argument on three grounds.

Firstly, the evidence was unclear when the meeting officially started and finished. Secondly, when the meeting did finish the union representatives stayed in the Club and continued to discuss the issues that had been raised in the meeting.

Lastly, the NSW WCC said the legislation states that an injury sustained while a worker is carrying out their duties as a union representative or on an 'associated journey' is an injury arising out of or in the course of employment.

On the question of whether the worker's action of driving over the legal alcohol limit was serious and wilful misconduct, the Commission found it was plausible the worker would not have known he was over the limit and was therefore not guilty of wilfully ignoring the risk of driving.

The arbitrator's decision was upheld.

Coles Myer Logistics Pty limited v Lee [2007] NSWWCCPD 141 (15 June 2007)