WHAT DO YOU THINK ABOUT A CAFETERIA AIDE WHO WAS “RUSHING” BECAUSE SHE WAS BEHIND SCHEDULE WHILE SETTING UP FOR LUNCH AND THEN FELT HER KNEE “POP” WHEN SHE TURNED THE WRONG WAY?
A. Rushing to do the job does create greater employment related risk of injury than walking to do the job. If there is no evidence of a personally related risk, then the work related risk, even though slight, is sufficient to support compensability. Even though the employee denies prior problems, if it is hard to understand how the injury occurred, a review of the family doctor medical records is recommended to make sure that the employee is telling the truth. As the employment related risk rises, the likelihood that a personally related risk would outweigh the employment risk becomes less. For example, if the employee were rushing and stepped in oil on the floor causing a fall and a twisting of the knee, it is hard to imagine a pre-existing personal problem which would be so significant as to outweigh the risks associated with that employment activity. Q. I HAVE A CASE WHERE THE SURGEON RECOMMENDED THAT THE PATIENT STOP CHEWING TOBACCO. HE IS RECOMMENDING SURGERY BUT HAS NOT SAID HE W
