Home/Case Law/LEE HOLMES vs. FIRST GROUP OF AMERICA, NEW HAMPSHIRE INSURANCE CO.
Regular DecisionReconsideration

LEE HOLMES vs. FIRST GROUP OF AMERICA, NEW HAMPSHIRE INSURANCE CO.

Filed: Mar 07, 2018
San Diego
ADJ9994879

CompFox AI Summary

The applicant, a bus driver, sought workers' compensation for injuries sustained during non-industrial eye treatment. The Board affirmed the trial judge's decision that the injury was not industrial because the employer did not require the applicant to undergo the specific medical treatment that led to the injury. The applicant's belief that maintaining vision was a condition of employment was insufficient to establish industrial causation. The Board distinguished this case from situations involving employer-directed medical treatment or off-duty recreational activities.

Full Decision Text1 Pages

The applicant, a bus driver, sought workers' compensation for injuries sustained during non-industrial eye treatment. The Board affirmed the trial judge's decision that the injury was not industrial because the employer did not require the applicant to undergo the specific medical treatment that led to the injury. The applicant's belief that maintaining vision was a condition of employment was insufficient to establish industrial causation. The Board distinguished this case from situations involving employer-directed medical treatment or off-duty recreational activities.

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LEE HOLMES vs. FIRST GROUP OF AMERICA, NEW HAMPSHIRE INSURANCE CO. (2018) – San Diego | CompFox