The claimant was offered benefits through his employment including medical, dental, vision, basic life insurance, supplemental life insurance, and long term disability benefits. These benefits were voluntary and could be waived by the employees. The claimant selected several benefits provided by his employer including supplemental life insurance and long term disability benefits. The insurance company that provided these benefits requested that the claimant undergo an Evidence of Insurability (EOI) examination. The claimant scheduled this examination through a third-party vendor.
The EOI examination took place at the claimant’s home and on his day off from work. During the examination, the claimant sustained an injury to his arm during a blood draw. The claimant sought benefits under workers’ compensation alleging that the respondent-employer required that he undergo the EOI examination.
The respondents testified that the benefits were completely voluntary and the EOI examination was requested by the insurance company. The respondents did not receive any benefit from the claimant’s selection of voluntary benefits nor did they receive any information regarding the EOI examination. The judge found that the claimant failed to prove that the injury during the EOI examination arose out of the course and scope of his employment since the EOI examination was not a work-related function and lacked any connection to the claimant’s work duties. The claimant’s claim was denied and dismissed.
Reader v. CarMax, Inc., W.C. No. 5-197-972 (Aug. 15, 2022).
Want to know more? Contact Kristi Robarge at krobarge@pollartmiller.com or 877-259-5693.
