Case name:
Miller v. Woodstock Community School District No. 20
ILWCLB 72 (Ill.Ind.Comm.2004).
Ruling:
The Commission awarded benefits to a bus driver who
injured her arm when she slipped while reaching over to
take the keys out of the ignition. The claimant fell as
a result of the configuration of the bus.
What it means:
A claimant who must maneuver through a confined and
awkwardly configured work space is at a greater risk of
injury than the general public.
Summary:
The claimant testified she drives a bus for
wheelchair-bound students and students who can walk. In
order to get into the driver's seat, the claimant had to
climb over the engine cover located inside the bus and
slide into the seat. This was a confined area between
the seat and her only exit, the front door located on
the passenger's side. The claimant testified that at
the end of her work shift, she returned the bus to the
yard, exited her seat and placed a sign in the window at
the back of the bus. She then returned to the front to
turn off the engine. While performing this task, she
slipped and injured her right hand. The arbitrator
awarded benefits, finding that the claimant fell as a
result of the configuration of the bus and the location
of the engine cover. It would be highly unlikely that an
ordinary member of the general public would be exposed
to the same risk of injury as the claimant. The
Commission affirmed.
The configuration of the bus required
that the claimant put one leg on the engine cover and
reach over to turn off the engine and retrieve the
ignition key. While performing this task, the claimant
turned toward the door, tripped and grabbed a handrail
with her right hand to try to prevent falling. When this
occurred, she injured her right arm.
