McKinney v. Trane Co.

Sam Bird, Judge.

James McKinney appeals the denial of his workers’ compensation claim for an injury to his left knee. The injury, sustained in the workplace on December 14, 2001, required medical treatment and ultimately resulted in surgery. The Workers’ Compensation Commission affirmed and adopted the decision of the administrative law judge, which denied his claim on the following basis:

[T]he claimant was not performing employment services at the time he chose to jump over the tube sheeting to retrieve his soda so that he could go on his smoke break. This jump and landing which injured the…