Irwin v. Layaou Landscaping

The Freibott Law Firm was recently successful in prosecuting a case on behalf of one of its clients in a worker’s compensation claim.  The Claimant alleged that he was injured while working for Layaou Landscaping.  The Claimant testified that he was hired by Layaou to plow snow during the bad weather of last winter.  On February 17, 2014, our client was operating a motorized gator when he attempted to cross the road on Rt. 4 to get to the sidewalk and his gator was struck by another motor vehicle.  Our client was seriously injured and required surgery to his shoulder.  The employer denied the compensability of the claim as the employer alleged that our client had forfeited his right to worker’s compensation benefits because of his “deliberate and reckless indifference to danger and willful violation to traffic rules by operating an off highway vehicle on a highway.” After testimony and presenting evidence, the Industrial Accident Board found that the Claimant was injured in a compensable work injury when the gator was struck by another motor vehicle.  The Industrial Accident Board found that our client did not forfeit any worker’s compensation benefits and held that the Claimant cannot be said to have made his actions into “deliberate and reckless indifference actions.”  Our client was awarded a period of total disability; the payment of all medical expenses; the reimbursement of the Claimant’s medical expert witness fee; and an award for an attorney’s fee. (Irwin v. Layaou Landscaping, Hearing No.: 1412131, Order date of December 24, 2014)