![]() He further testified that the training class takes a lunch break every day "pproximately at the same point" and that "at lunch time to lunch no matter what." According to Baswell, the class usually adjourns for lunch at 12:00 p.m. 5īaswell, who conducts the three-day training course every two weeks, testified that the class has an agenda setting forth the topics covered before and after lunch each day. The evidence shows that Adams' injury occurred during a scheduled lunch break. 3 And we have consistently held that where a scheduled rest break or lunch break is provided to employees during which the employee is free to use the time as he chooses, making it personal to him, an injury occurring during the break period arises out of an individual pursuit and not out of his employment and is not compensable. To fall within the Workers' Compensation Act, an injury must arise out of and in the course of employment. The appellate division and the superior court affirmed. It thus awarded Adams temporary total disability benefits for the requested period, medical benefits, and attorney fees. The administrative law judge ("ALJ") rejected that argument, finding that the lunch break was not regularly scheduled and that her injury arose out of and in the course of her employment. In particular, ATC argued that Adams was on a regularly scheduled lunch break at the time she fell, precluding her claim. ATC disputed the claim, asserting that Adams' injury did not arise out of and in the course of her employment. She also requested medical benefits and attorney fees. Although ATC had no available positions to offer her, she secured employment in a hospital emergency room.Īdams filed a workers' compensation claim against ATC, seeking temporary total disability benefits for the three-week period between her injury and her return to work as an emergency room nurse. Three weeks after the surgery, Adams returned to work. Two days later, she underwent knee surgery. While in the restaurant, Adams slipped and fell, injuring her right knee. ![]() The prison did not have an available lunch facility, so Adams and several classmates drove to a nearby Cracker Barrel for lunch. At approximately 11:30 a.m., Baswell released the class for a lunch break, instructing the attendees to return at 1:00 p.m. On the first day of the course, Adams arrived at the prison and attended the morning session. Shortly thereafter, ATC sent Adams to the prison for a three-day training class conducted by Adam Baswell, a Department of Corrections employee. In July 2000, ATC hired Adams, a registered nurse, to fill nursing positions on an "as needed" basis. So viewed, the record shows that ATC is a staffing agency that provides nurses to hospitals, including the Augusta State Medical Prison. 1 We will affirm the board's decision if any evidence supports it. In reviewing a decision of the State Board of Workers' Compensation, we construe the evidence and all reasonable factual inferences in favor of the party prevailing before the board. We granted ATC's application for discretionary review, and for reasons that follow, we reverse. Both the appellate division and the superior court affirmed the award. ("ATC") to pay workers' compensation benefits to Rita Adams. The State Board of Workers' Compensation ordered ATC Healthcare Service, Inc.
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