Is It Recordable?Stop the Count!: is it recordable?
Question
A groundskeeper who takes great pride in his work confronts a man wearing a costume of a Sesame Street character, the Count. The man was hired to attend a birthday party of a child. After the party he had been drinking and, according to the groundskeeper stole a golf cart and was driving through the garden, damaging the grass and various flowers and bushes all while yelling out his count of how many plants he destroyed. While attempting to stop the Count, the groundskeeper badly sprained his ankle and was provided prescription strength ibuprofen by his doctor. The costumed man was eventually arrested by police on three counts of reckless behavior, public intoxication and trespassing. Is it recordable?
Answer
YES. The employee was injured in the work-environment and there is no exception listed for injuries caused by Sesame Street characters.
1904.5(a):Basic requirement. You must consider an injury or illness to be work-related if an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness. Work-relatedness is presumed for injuries and illnesses resulting from events or exposures occurring in the work environment, unless an exception in §1904.5(b)(2) specifically applies
