Rio Suite Hotel & Casino v. Gorsky

OPINION

On January 4, 1994, Stuart Gorsky (“Gorsky”) was employed and working at Rio Suite Hotel & Casino (“Rio”). While walking in the casino on his way to clock out from his duties as a poker dealer, Gorsky fell in the hallway and sustained injuries to his knees and back. On January 7, 1994, Gorsky submitted an employee’s claim for worker’s compensation and an accident report regarding the incident.

On February 7, 1994, the claims administrator for Rio denied Gorsky’s claim because he failed to demonstrate that the injuries “arose out of and/or in the course of his employment.” Gorsky…