finding claimant’s injuries compensable when sustained while using restroom facilities at work
How later courts described this case
- finding claimant’s injuries compensable when sustained while using restroom facilities at work
- claimant's momentary departure from work to use bathroom did not remove him from course of employment when injured while rising from toilet
- claimant’s departure from the work routine to use the bathroom when injury occurred did not remove claimant from the course of employment
- employee who sustained injury while using bathroom at work was in the course and scope of employment
Written by the judges who cited it.
The opinion
*191 CONCURRING OPINION BY
Senior Judge DOYLE.
I concur in the result the majority reaches in this case. However, I do not agree with the majority’s statement on page 11 of the opinion, that the Board exceeded its authority by making a factual finding concerning the issue of whether the duties of the job the Employer offered the Claimant fell within the sedentary restrictions imposed by the Claimant’s physician. In my opinion, the Board merely affirmed the facts as determined by the Worker’s Compensation Judge.