Frustrated at having to work overtime, he punched the desk and injured his hand
Release date: September 1st, 2015
An operator challenged the rejection of his claim for a broken hand. On a Friday, the employee refused to work overtime on Saturday since he had custody of his daughter, and he repeated his refusal a few minutes later, citing the collective agreement. Having looked into the matter, the supervisor called him back to demand the overtime. In a fit of anger, the employee then punched his desk with his fist. He immediately felt pain, and a physician diagnosed a third metacarpal fracture. According to the CLP, the injury did not occur while the employee was performing his duties as an operator or any related function. The obligation to work overtime does not constitute an unforeseen and sudden event, nor does the punch on the desk. This was a voluntary, personal act, even if it was impulsive. In addition, an angry act such as this constitutes gross and voluntary negligence in the meaning of section 27 of the Act respecting industrial accidents and occupational diseases (LATMP), which precludes any compensation to the employee. The claim was rejected.
Hamelin v. Élévateurs de Trois-Rivières, 2015 QCCLP 1691, Diane Lajoie Esq.
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