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Perry v. State|134 P. 3d 1242 (2006).
Workers’ compensation insurance coverage plans are meant to provide payment to workers hurt on the job, no matter whether the injury was the employer’s fault. But what if the worker is at fault? The Wyoming Supreme Court considered that concern in Perry versus State.
Eleanor Perry worked as a qualified nursing assistant, or CNA, at the Mountain Towers Health Care and Rehab Center. Perry ‘d been taught appropriate lifting strategies during her CNA training. Throughout Perry’s orientation, Mountain Towers informed her of its policy prohibiting any employee acting alone from raising a client categorized as a two-person lift. Mountain Towers likewise notified Perry that breaching the two-person policy could lead to her employment being ended. Perry signed a file acknowledging the policy.
While working the night shift, a client classified as a two-person lift asked Perry for help going to the restroom. The other CNA on responsibility was assisting another client, and the nurse on duty refused to help. The client declined to utilize a bedpan and demanded using the bathroom.
Perry raised the client toward a wheelchair, but it moved. To prevent the patient from falling, Perry twisted and strained her lower back as she set the client in the chair. Perry reported her injury to Mountain Towers and later on looked for medical treatment and requested worker’s compensation.
The Workers’ Security and Payment Division rejected Perry’s claim. The Workplace of Administrative Hearings held a hearing then ruled that Perry wasn’t entitled to advantages. Perry petitioned the high court for review, and the trial court verified. Perry then interested the Wyoming Supreme Court.
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