Cat & Compensability
Wednesday, December 11th, 2013
The Supreme Court of Tennessee Special Workers’ Compensation Appeals Panel affirmed the lower court’s finding of compensability when an employee fell from a stack of soft drinks while attempting to climb a wall to rescue and remove a feral cat from employer’s premises. The court found that the employee, although she violated a safety rule by not using a ladder while climbing, was taking action in benefit of her employer in trying to remove the cat from the premises. The benefit being that the presence of the cat in the building was likely a violation of food safety regulations, the cat could have damaged equipment, and the cat could have contaminated products in the food storage area. The employee had 20 cats of her own at home and the court wondered if she might have been acting in furtherance of her own benefit, but even if she had been, her actions satisfied the “mutual benefit test.” The breed of the purrpatrator is unknown.