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May 2013

Full Commission Reversed Administrative Law Judge’s Ruling

Full Commission reversed Administrative Law Judge’s ruling finding that claimant sustained a compensable injury in the course and scope of employment with Casino when claimant fell while walking with crutches upon returning to work after being released from a prior injury. Instead, the Full Commission agreed with Employer that the evidence of record revealed that claimant either intentionally fell at the work (a complete bar to benefits) or, the fall was caused by an imported danger to the work place inasmuch as the crutches were not prescribed by a physician. Benefits were therefore denied with respect to the alleged fall.