The injuries that a golf club manager has suffered from a train on its way to pick up coffee makers cannot be compensated, the West Virginia Supreme Court held in a unanimous decision on Wednesday.
In Eisel v City in South Charleston the court upheld a claim administrator's refusal of his claim, claiming that the evidence showed that his case was personal and that the accident did not occur in the course of his employment.
Joseph Eisel led a golf course clubhouse run by the city of Charleston, West Virginia, and some of his duties included making coffee for employees and customers. On August 10, 2018, he drove to Kroger to buy coffee creams when he was hit by a train and suffered injuries to his vertebrae, vertebrae, arm and ribs.
He submitted a claim for compensation to workers and stated that he routinely went to the grocery store during working hours to buy makeup. The claims administrator rejected his claim after reviewing signed statements from others at the club stating that Mr. Eisel had access to cream at the restaurant and that his case was personal because he preferred a certain brand and never received compensation for such purchases. ] However, the workers' compensation judges considered that the claim was repayable because Eisel considered that this case was part of his duties. The city appealed and a review board reversed the judge's decision and reintroduced the claims administrator's denial of the claim.
The State Supreme Court upheld the review board's decision. The court agreed with the board that Mr. Eisel had ample access to cream at work and was not entitled to make such purchases. As a result, his case was considered properly personal and his injuries did not occur during his employment.