The
Commission awarded benefits to claimant-truck driver
for injuries sustained when
his truck
was struck by a train, finding claimant’s poor judgment in crossing the
tracks did not rise to the level of willful or wanton conduct so as to
remove him from the scope of his employment.Claimant, a self-employed
truck driver, sustained injuries after his truck was
struck by a train. Evidence indicated claimant
approached the crossing gates, the gates were either
coming down or were down, he either hesitated
slightly or accelerated
and then he proceeded across the
tracks. Claimant did not make it completely across as the rear of
his truck was struck by the train. The arbitrator denied benefits.The
Commission reversed, noting although it did not
condone claimant’s behavior and believed that at the
very least he used poor judgment, his behavior did
not rise to the level of willful or wanton conduct
so as to remove him from the scope of his employment. Citing
Stembridge Builders Inc., v
Industrial Commission, the Commission explained the modern rule is
that violation of a statute is not willful
misconduct per se. There must be an intentional act
of a quasi-criminal nature either with knowledge
that it is likely to result in serious injury or
with a wanton disregard of probable consequences.
In the instant case there was no evidence claimants
actions were knowingly or intentionally going to
result in serious injury.
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