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08-08-2012, 12:29 PM
  #34
TMI
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Quote:
Originally Posted by sighthndlady View Post
Doesn't matter where it happened provided he was working. Having a heart attack while being entertained by a prostitute is "working" if you're out of town on business at the time.
If the other side can prove you were fooling around with a prostitute they can make a pretty strong case for your heart attack being caused by something that was completely outside of the realm of your job. Not only that, but, unless it was in Vegas, they can argue that you were participating in illegal activity. Even if you were in Vegas (or anywhere that has legalized prostitution) they can say you were participating in immoral activities not advocated by the employer. I doubt that particular scenario gets very far in most court rooms.

I think here you're looking at a case of a guy doing something that could have had some dangers, but none that were reasonably foreseeable. It wasn't the first time this thing had been done by a hockey team. In his perspective, there are pads along the boards. It is reasonable to assume he felt like those pads were sufficient to protect him from a collision that would result in injury, and the team is responsible for that being the case. He did stick his leg out, but only after he realized he was about to crash into those pads. That is a normal reaction for someone who is anticipating a collision like that.

The team needs to just bite the bullet here, and pay his medical bills. If he takes this to court they could be on the hook for more than just that. They also need to have a sort of moratorium on this particular event until they can make it safer. The court is able to award punitive damages, so they need to be as cooperative and remorseful as possible, even if it's just an act.

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