Disgruntled at having to work overtime, he injured himself by punching the desk

Release date: November 3, 2015

An operator challenged the rejection of his claim for a broken hand. On Friday, the employee refused to work overtime on Saturday, since he had custody of his daughter, and he reiterated his refusal a few minutes later, citing the collective agreement. Having made some verifications, the supervisor called him back to summon him to report for the overtime work. In an angry outburst, the employee then slammed his fist on his desk. He immediately felt pain in his hand and a physician diagnosed a fracture of the third metacarpus. According to the CLP, the injury did not occur while the employee was performing his operator’s tasks or some ancillary function. The obligation to carry out overtime work was not an unforeseen and sudden event, nor was the punch on the desk. This was a deliberate and personal, albeit impulsive act. In addition, an angry act such as this constitutes gross and deliberate negligence in the meaning of section 27 of the Act respecting Occupational Health and Safety, which prevents compensation to the employee. The claim is denied.

Hamelin v. Élévateurs de Trois-Rivières, 2015 QCCLP 1691, Diane Lajoie Esq.

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