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A bulk-plant manager who was caught on videotape jumping off a loading dock was not entitled to benefits because she was not performing work-related services at the time of the incident, the Arkansas Court of Appeals has ruled.
Carolyn Kirshberger fractured her left leg in three places in May 2012 while working as a bulk-plant manager for Frost Oil Co. Inc. in Clarksville, Arkansas, court records show. According to surveillance footage, Ms. Kirshberger spent more than an hour talking to a customer, who was also her personal friend, prior to her injury.
Footage from another security camera reportedly showed Ms. Kirshberger intentionally falling off the 29-inch high dock while her friend was leaving, records show.
An administrative law judge found Ms. Kirshberger's injury to be compensable, but the Arkansas Workers' Compensation Commission reversed the decision because she intentionally caused her injury and she wasn't performing employment services at the time of the incident, according to records.
A three-judge panel of the Arkansas Court of Appeals unanimously rejected Ms. Kirshberger's appeal on Wednesday, ruling that an injury is not compensable if it occurs at a time when employment services are not being performed.