Perry v. State
Supreme Court of Wyoming
134 P.3d 1242 (Wyo. 2006)
Relevant factsFree
Eleanor Perry (plaintiff), a nursing assistant, was trained and had signed an acknowledgment that a single employee should never perform a "two-person lift" of a patient, on pain of termination. When a patient needed help to the bathroom and no second aide was available, Perry lifted the patient alone and injured her back when the wheelchair shifted. She acknowledged in her own injury report that she had violated the two-person-lift rule, and her workers' compensation claim was denied by the state's Office of Administrative Hearings.
IssueFree
Whether, under Wyoming's workers' compensation law, an employee is entitled to benefits for an injury resulting from the employee's violation of a safety rule.