Francesca works for GlassworksInc Near her workstation is a conveyor belt that runs into a large industrial oven. Some workers, including Harry, Francesca's supervisor, use the oven to heat food. One day, when the conveyor is not moving, Francesca uses
the oven to cook her lunch. As she removes the food from the oven, the conveyor comes on and Francesca is pulled partially into the oven and suffers seriousburns. Francesca seeks recovery under the state workers' compensation law. Should she recover? Why or why not?
For a worker to be eligible for workers' compensation, the injury must have been an accident and have arisen out of or in the course of employment.
Although Francesca was accidentally pulled into the oven, re¬cov¬ery could be denied because she was not engaged in an activ¬ity di¬rectly related to her work but was instead heating food in an indus¬trial oven. By the same token, how¬ever, it appears to be a common practice to use the oven and the employer has apparently not forbidden the practice. Be¬cause the cooking is done by other em¬ployees, including Francesca's super¬visor Harry,Glassworks can be imputed with the knowledge of it. On balance, then, Francesca should be al¬lowed to receive workers' compensation benefits.
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