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Okla-homey
1/29/2008, 01:39 PM
:D


Unemployment compensation claimant's isolated use of inappropriate language in the workplace, in which claimant stated to no one in particular that employer's vice president was a "stupid [expletive] moron," did not constitute misconduct sufficient to deny claimant unemployment compensation benefits.
Media General Operations, Inc. v. Unemployment Appeals Com'n, 947 So.2d 632 (2007)

Viking Kitten
1/29/2008, 01:43 PM
:D

Is there misconduct sufficient to deny WC benefits?

frankensooner
1/29/2008, 01:59 PM
You can be denied if you are engaging in horseplay. Be careful.

Viking Kitten
1/29/2008, 02:03 PM
Well there goes all my fun. Thanks a lot, Buzzkill.

Hamhock
1/29/2008, 02:04 PM
i think homey meant unemployment comp, not workers' comp. two different animals.

and..i've won two appeals hearings this year where profanity was the grounds for termination

frankensooner
1/29/2008, 02:10 PM
i think homey meant unemployment comp, not workers' comp. two different animals.

and..i've won two appeals hearings this year where profanity was the grounds for termination

He shouldn't have entitled it "Workers' Comp" funnies then ;)

Frozen Sooner
1/29/2008, 02:21 PM
This involves someone I know:

A woman competing for her company softball team slid into home and tore her ACL. She filed for a work comp claim, which was denied by the insurer as the game was not a work activity. She sued and ended up winning her claim. The Alaska Legislature then passed an amendment to the Alaska Work Comp Statute creating an exception for company-sponsored athletic events. Well and good, right?

Only problem is the law of unintended consequences. If someone is injured in a situation where Work Comp holds sway, Work Comp is the sole remedy. Since these injuries are no longer Work Comp, injured employees can sue without statutory caps on awards now.

bluedogok
1/29/2008, 02:27 PM
Just goes to different ways of thinking, I broke my collarbone on the first night of the season in 2001 on the company softball team. I NEVER once thought of making any sort of claim like that, something like that never entered my mind. It still boggles my mind that idiots think that way.

Frozen Sooner
1/29/2008, 02:31 PM
Well, the thing on that is that your health insurer likely won't pay if the injury is a worker's comp claim, and I think that was the case with Judi-her health plan said "Hey, that's an inury that occured during a company event, so you need to file for work comp on it."