1. Suppose Sisco’s altercation occurred while he was en route to his house during an unpaid one-hour lunch break. Would Sisco still be eligible for compensation? Why or why not?
2. Would Sisco have been better served trying to articulate a negligence claim? Explain.
3. Doesn’t public policy prevent a worker from claiming compensation for an incident involving a criminal act? Should the court take public policy considerations into account?

Sisco worked as a tow truck driver for Quicker Recovery, a towing company that had a contract to provide towing services for a police department within 30 minutes of receiving the request for services. In route to tow an impounded truck, Sisco was pulled over for speeding and refused to produce identification for the police, physically resisted arrest, and was subdued by officers who used an electronic stun gun to take him into custody. The day after the arrest, Sisco complained of neck pain and recurring spasms that prevented him from working caused by the altercation with the officers and submitted a worker’s compensation claim, which was subsequently denied by the state’s compensation board.

  • CreatedNovember 06, 2014
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