AME S-510A DRIVER DETAILS:
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AME S-510A DRIVER
The claimant must establish that his injury was sustained during the course and scope of employment and is causally related thereto. DeGraw v. An employer may raise the affirmative defense to AME S-510A claimant's claim for benefits that his actions violated a positive work order and that therefore his injuries were sustained outside the course and scope of his employment.
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Dickey v. Pittsburgh and Lake Erie R. The employer has the burden of proving that the claimant's actions were in violation of a positive work order.
Sysco Food Serv. The employer must show that the injury was in fact caused by the violation of the work rule, the employee actually knew of the order or rule, and the rule implicated an activity not connected with the employee's work duties. AME S-510A Tree Expert Co.
Denying benefits based on the violation of a positive work order is a very rare exception to the broad general principle that all injuries sustained by an employee arising in the course of his employment and causally related thereto are compensable. AME S-510A v. Indeed, the claimant must have been involved in an activity at the AME S-510A of his injury so disconnected with his regular work duties as to be considered, with respect to the employer, nothing more than a "stranger" or "trespasser. There is no dispute that a portion of Claimant's finger was cut off while he was attempting to dislodge a piece of steel from press The dispute concerns whether Employer established Claimant sustained his injury while violating a positive work order removing himself from the course and scope of his employment. Consistent with Nevin Trucking and Humphrey, Employer must show that the injury was caused by the violation of the work rule, the employee actually knew of the rule, and the rule implicated an activity not connected with the employee's work duties.
It is this third element that cannot be met. Claimant's job was to operate the "leg bender" machine.
Scott v. WCAB (Ames True Temper, Inc.), A.2d –
Employer's witness, Perry Koppenheffer, whom the WCJ credited, agreed that on occasion metal does get jammed in the machine and that it is the duty of the machine operator to remove it. Wayne Wright, whose testimony was also credited by the WCJ, noted that Claimant violated safety procedures in the moments leading up to his injury but proffered that there was a proper method Claimant could have followed to unjam the press. Specifically, he indicated Claimant could have completely shut the power off to the machine. Thus, we cannot say that in attempting to remove the steel that had become stuck from press was an activity AME S-510A from Claimant's work duties so as to remove him from the course and scope of his employment precluding an entitlement to benefits.
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It is true that Mr. Leigh credibly testified that maintenance was available to remove any jammed material from the machine. Thus, claimant was not AME S-510A in an activity in which he would be considered nothing more than a "stranger" or "trespasser. Employer nonetheless contends it established that Claimant's injury occurred while engaged in an activity so removed from his work duties so as to render him a "stranger" or a "trespasser. It contends that facts in this case are analogous to the facts in Nevin Trucking where benefits were denied in light of a violation of AME S-510A work order.
In response, Claimant asserts that this case is more akin to Humphrey where benefits were awarded in spite of a violation of a positive work order.
The claimant, in Nevin Trucking, worked for the employer as a truck driver. He filed a claim petition alleging he sustained an injury in the course and scope of his employment while he was trying to fix a tire that had come off his AME S-510A. The employer AME S-510A a responsive answer alleging that the claimant's injury occurred while he was engaged in a strictly prohibited activity. The WCJ granted the claimant's petition and the Board affirmed the same.
This Court noted that the employer had a specific work rule prohibiting a truck driver from fixing a tire and that money was provided to hire a professional to do the job. We further found the claimant's injury was caused by his violation of the work rule and that claimant knew of the work rule. Moreover we indicated that the changing of the tire was not part of the claimant's work duties and that the claimant had no duty to change the tire. Consequently, this court reversed the grant of the claim petition. In Humphrey, the claimant was employed by the employer as a tree trimmer. The claimant went through safety training with the employer and was familiar with the employer's "ground-to-sky" policy. He understood the policy to mean that an employee must put his AME S-510A line into a tree first, find a crotch in which to put the line, and secure himself. He sustained injuries to his right arm and hand when he fell off of a tree.
At the time of his accident, the claimant did not have his safety line in the crotch of a tree. He filed a claim petition, the WCJ granted the petition, and the Board affirmed. On appeal, we held that the claimant was AME S-510A by the nature of his job as a tree trimmer to climb trees and that although he violated the employer's policy requiring him to be tied into a tree at all times, his violation was not so disconnected from his duties as to render him a stranger or a trespasser. Consequently, we affirmed the Board.
In deciding Humphrey, we relied on the following hypothetical situation from the seminal case of Dickey: An engineer with a red signal against him runs his engine past it and is killed; the violation of the rule and the order, while wilful, is a compensable negligent act. On the other hand, a brakeman who has AME S-510A duty to perform on the engine gets on board, starts it, runs by the same block and is killed Dickey, Pa.
We agree with Claimant that this case is more analogous to the facts in Humphrey than the facts in Nevin Trucking. Claimant was responsible for operating press and making legs for AME S-510A.
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This is similar to scenario in Humphrey where the claimant failed to secure his safety line in violation of a AME S-510A rule, but because he was attempting to trim a tree as per his job duties, he was nonetheless entitled to benefits. Download the latest AME Optimedia Technology Co Webcam device drivers (Official and About AME S-510A Author: Jay Geater is the President and CEO of Solvusoft. Official AME Optimedia Technology Co. S Free Driver Download for Windows 98SE, 95 - . World's most popular driver download site.