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Golf club manager’s injuries from train crash not compensable

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The injuries sustained by a golf club manager hit by a train on his way to pick up coffee creamer are not compensable, the West Virginia Supreme Court held in a unanimous decision Wednesday.

In Eisel v. City of South Charleston, the court affirmed a claims administrator’s rejection of his claim, holding that evidence showed his errand was personal and that the accident did not occur within the course and scope of his employment.

Joseph Eisel managed a golf course clubhouse run by the City of Charleston, West Virginia, and part of his job duties included making coffee for employees and customers. On Aug. 10, 2018, he drove to Kroger to purchase coffee creamer when he was struck by a train, sustaining injuries to his skull, vertebrae, arm and ribs.

He filed a claim for workers compensation, stating that he routinely went to the grocery during work hours to purchase creamer. The claims administrator rejected his claim after reviewing signed statements from others at the club who stated that Mr. Eisel had access to creamer at the restaurant and that his errand was personal because he preferred a particular brand and was never reimbursed for such purchases.

However, the Workers Compensation Office of Judges held that the claim was compensable since Mr. Eisel considered this errand part of his work duties. The city appealed and a review board reversed the Office of Judge’s decision and reinstated the claim administrator’s rejection of the claim.

The state Supreme Court affirmed the review board’s decision. The court agreed with the board that Mr. Eisel had ample access to creamer at work and was not authorized to make such purchases. As a result, his errand was properly deemed personal and his injuries did not occur in the course and scope of his employment.

 

 

 

 

 

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