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Tuesday, Nov. 22, 2011 | 4:01 p.m.
A casino worker injured when he fell out of his chair while trying to prop his feet on the desk has lost a round in his bid to collect worker's compensation insurance payments.
The Nevada Supreme Court has ruled there was insufficient evidence for Gary Mogg, an "eye in the sky" at the Fitzgeralds Casino-Hotel, to qualify for industrial insurance payments.
The court said a hearing officer abused its discretion in deciding that Mogg's "conduct was within the course and scope of his employment and that the injuries arose out of his employment."
Mogg was a surveillance agent assigned to monitor 38 television screens to oversee the casino. While seated in the surveillance room at the casino, he started to put his legs on the corner of the desk to revive circulation. The chair tipped and he was thrown to the floor. He maintained the chair was defective.
Due to the legal fight, he has been unable to receive any worker's compensation benefits since the accident in January 2008. Fitzgeralds carried its industrial insurance coverage through Cannon Cochran Management Services, Inc.
The Supreme Court said it was unable to determine if there was any "implied prohibition" that barred the propping of feet on the desk. If there was an "implied prohibition," the court said "injuries did not arise out of his employment and they are not compensable."
The court sent the case back to the office of hearing officers to determine if there was an increased risk by Mogg in putting his feet on the desk and if there was any written or implied prohibition against it.
Hmmm...there seems to be some issues here to consider:
One, being the corporate/company/workplace rules and decorum. I'm positive there are workplace safety rules, respective of the type of workplace culture this employee's environment was at Fitzgeralds.
Personally, no matter what rules are in-force in any workplace, leaning back on any type or model of chair, is disallowed under general safety rules and insurance carrier rules because of the strong risks of potential accidents as falling backwards or sidewards onto the floor, tipping the chair over in the instance.
Look, too, at the manufacturer's safety rules of the chair, if any, when the chair was purchased, a tag which always accompanies the unit or a small booklet on how the chair operates should also have this safety information do's and dont's!
Well, this makes for a hard landing no matter if it was on a nice "Las Vegas Casino rug" or not.
The hearing officer's decision was in error, because nobody has it in their job descriptions to lean back on chairs used for "sitting posture" and not a "reclining posture" in the scope of their employment. I'm positive the Casino did not have that posture of reclining or sitting, with feet or legs extended up resting on a counter or table area, inside their safety rules - but they will soon make that addendum, I'm sure.
This is why safety training and professionals in ergonomics and insurance safety must be employed and made in an ownership position to safety in any company, respective of that environment.
As when any employee who decides to do something out of the context and content of his or her employment while working within the scope of their employment, such as in this case, the burden of cause and effect rests solely with that person, as in Mogg's case.
Wow! There's something wrong with this decision. Since this was an "on-the-job" injury, I believe the guy is entitled to workman's comp. Now, if it were proven he injured himself purposely or was malingering, that would be a different matter, but no such claim was made from what I've read.
I wonder how many of the Justices dictated their decision on this matter from their desk with their legs propped up on the corner?
I COMPLETELY AGREE with this determination, keep in mind that the Nevada Industrial Insurance Act is not a mechanism which makes employers absolutely liable for injuries suffered by employees who are "on the job."
The requirements of "arising out of and in the course of employment" make clear that a claimant must establish more than merely being at work and suffering an injury in order to recover and he has failed to meet the burden of proof required in NRS 616C.150 that the alleged injury AOE/COE.
He shouldn't receive anything. Common sense would dictate that you should never sit in a position that would cause the chair to tip over. If he needed to revive circulation, get out of your chair and stand up like the rest of us probably do.
And had the 'goober' not fallen out of his chair, we might have had a lawsuit because he cut himself while opening up a beer.. AFTER propping his feet up. I guess if the casino had though reclining was a proper position to do surveillance work from, they would have had recliners instead of chairs. I too have leaned back too far in a work chair only to find myself on my keester, not something I think is legitimate for a Workers Compensation claim, that is for people who truly get injured while working.
I'm not of the opinion that this man should be compensated for this accident. However, if this resort is going to allow this individual to return to work, the employer should be sensitive to his medical needs and workplace safety. Maybe one of those apparatus' that women utilize at the doctor's office where the patient puts her feet up in the stirrups. Have a coworker secure him under the table strap and he should be good to go.
We all learn this in grade school, "Don't lean back to tip the chair, you're going to fall." How does one not think that propping your feet up while sitting in a chair will not tip it backwards slightly?
I'm not sure how long surveillance workers are on the job, but I sit in my chair, for 8 hours, every day in my home working at my computer, it's not difficult. Do I stretch my legs, absolutely, and like I said, I don't know the job requirements of how long he needs to sit in front of those screens, but common sense, don't tip your chair, especially if it has wheels!
I also was hurt in a similar manner. In the break room a chair I was on, just broke and I hit the ground. I won in court and now my employer must provide chairs for the 350lbs up crowd, your welcome, where is the all you can handle buffet, I will kill it.
Thank God he worked in the private sector...
If he was a government/public employee, there'd be a hundred comments by now about 'lazy, no good public workers trying to game the system.'
I'm wondering what kind of office furniture they provide @ Fitzy's...
I hope it's of higher quality than what you see in the rest of the joint.
This guy should move on with his life and go back to work. This is not stupid California where this stupid act would result in on the job injury compensation. Most people do not put their feet on the desk.
This guy doesn't deserve a penny in WC!! He was trying to "make himself at home" at his desk, ie feet on top (yeah, that's how you sit at your desk at work) and he fell off his chair!! Please. Give me a break. If he was trying to sit down or sit normally and the chair slipped from under him, maybe he would have a claim.
ONe of my dear friends years ago was very tired (she has since passed away and her tiredness was part of her medical condition) so she went into the ladies' room at work and sat in the handicap stall to take a short nap. Well, she did fall asleep and fell off the toilet seat and hit her head on the handicap railing! She had this HUGE bump and bruise on her forehead but she couldn't do anything about it workmens' comp-wise since she was "napping" on the job! Not to mention she was quite embarrassed at what happened (even though we laughed our asses off about it!) So this guy falling off his chair just better get a footrest under his desk instead of trying to put his feet up!!!