Stan v. Constitution State Service Co.

Claimant seeks review of a Workers’ Compensation Board order holding that claimant’s injury did not arise out of his employment because it resulted from prohibited conduct. We affirm.

The Board found the following facts:

“Claimant sustained a left foot injury on August 20, 1997, when a co-worker’s fork lift truck ran over his foot. At the time of injury, claimant was returning to his work station on the employer’s premises after a paid break. The accident occurred when the co-worker drove forward as claimant was reaching for a control device on his co-worker’s lift truck. The record establishes…