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Durrah v. Washington Metropolitan Area Transit Authority

United States Court of Appeals for the District of Columbia Circuit

760 F.2d 222 (1985)

Relevant factsFree

Three weeks into his job with WMATA (defendant), Michael Durrah (plaintiff) slipped on a staircase and injured his knee after taking an unauthorized soda break, having failed to first get permission and arrange coverage for his post as WMATA rules required. He sought benefits under the Longshoremen's and Harbor Workers' Compensation Act; an ALJ denied the claim and the Benefits Review Board affirmed, reasoning the rule violation took him outside the scope of compensable employment.

IssueFree

Whether an employee is entitled to benefits under the Act for an injury sustained within the period of employment, at a place he reasonably may be, while engaged in something incidental to his employment, despite having violated an employer rule.

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