[Cross reference. Course and scope of employment (C00)].

Willful Attempt to Injure Another.

An injury is not compensable if it was caused by the IE's willful attempt to unlawfully injure another person. TLC Section 406.032(1)(B). An injury caused by the IE' s willful attempt to injure another person is not in the course of employment, unless the injury results from a dispute arising out of the IE's work or in the manner of performing it and the IE's acts growing out of such dispute are done in a reasonable attempt to prevent interference with the work or in reasonable self-defense. The IC has the initial burden of proof when asserting this affirmative defense, and whether such an injury is compensable is a question of fact for the ALJ to resolve. APD 971539.

In Course and Scope.

The IE and his foreman got into an argument about the IE's job skills. The IE testified that, after the argument, he resigned. As he was leaving the job site, the foreman attacked him from behind, causing the claimed injury. In determining that the IE sustained a compensable injury, the ALJ found that the physical confrontation resulted from an argument over how the work should be done, and not from any personal disagreement unrelated to the work activities. Whether the cause of the altercation and subsequent injury arose out of the IE's work or the manner in which he was performing it was a question of fact for the ALJ to resolve. APD 011253.

The IE and his foreman got into a disagreement regarding the manner in which the work should be performed. The IE asserted that the foreman grabbed his arm and attacked him, so the IE defended himself by striking the foreman and placing him in a headlock. After the IE let go of the foreman, the foreman struck the IE multiple times with a hammer, causing the claimed injuries. The ALJ found that the injury was compensable, because it was not caused by the IE's willful attempt to unlawfully injure another person, the initial altercation had ceased when the foreman attacked the IE again, causing the claimed injuries, and the altercation arose out of the manner in which the IE was performing his job, not because of any personal animosity. Whether the cause of the altercation and subsequent injury arose out of the IE's work or the manner in which he was performing it was a question of fact for the ALJ to resolve. APD 962472.

Not In Course and Scope.

The IE sustained a broken wrist in a fight with a co-worker over the use of a piece of equipment. The IE testified that the co-worker had started the fight. The co-worker testified that the IE was the one who started the fight, another co-worker broke up the fight, and, after the fight was broken up, he was returning to his work duties, and the IE attacked him again. The IE was not in the course and scope of his employment, because, after the initial fight had ended, the IE renewed the fight with the unlawful intent to injure another. It was at that point that the IE sustained his injury. Whether the IE was injured while unlawfully trying to injure another was a question of fact for the ALJ to resolve. APD 980020.

The IE and the employer's owner got into a fight at work which resulted in the claimed injury. The evidence was sharply conflicting on the cause of the fight and who had started the fight. The IE testified that he was operating a piece of equipment when the owner approached him, and they began to argue. The IE further testified that the owner attacked him, ripped his shirt, and kicked him above the eye, causing him to fall and sustain his injuries. The owner testified that the IE appeared to be intoxicated, was not operating the machinery properly, was told to get off the machine, and the IE quit his employment. The owner and a supervisor both testified that the IE became angry and attacked the owner, and the owner kicked the IE in self-defense. The ALJ determined that the IE did not sustain a compensable injury because the IE both started the fight and was unlawfully trying to injure another at the time the injury occurred. Whether the IE was injured while unlawfully trying to injure another was a question of fact for the ALJ to resolve. APD 992275.

Willful Attempt to Injure Self.

The Texas Workers' Compensation Act provides that an injury is not compensable if the injury was caused by the IE's willful attempt to injure himself. TLC Section 406.032(1)(B). The IC has the initial burden of proof when asserting this affirmative defense, and whether an IE was injured by a willful attempt to injure himself presents a question of fact for the ALJ to resolve. APD 971539.

In Course and Scope.

The IE asserted that she sustained a compensable injury when she went outside on her break and slipped and fell on some ice while walking to a food vendor. The IC presented evidence that the IE had told co-workers earlier that day that she was going to stage a fall. The ALJ found the IE's assertion that the fall was not intentional or staged to be more credible than the IC's evidence to the contrary and held that an injury occurred in the course and scope of employment. Whether the injury occurred as a result of a willful intent to injure oneself presented a question of fact for the ALJ to resolve. APD 971784.

Not In Course and Scope.

In a case with conflicting evidence, the ALJ determined that the IE was injured when he intentionally fell down some stairs. The IC presented evidence that, prior to the fall, the IE had been counseled about excessive absences, the IE wanted the following day off, the IE had previously joked about staging a slip and fall if he needed time off from work, and the IE had questioned a co-worker's attorney spouse about how people get away with falling down stairs. Whether the injury occurred as a result of a willful intent to injure oneself presented a question of fact for the ALJ to resolve. APD 982048.