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Injury while resting on the job generally arises from employment where the interruption for rest is either necessary for health or comfort, as is drinking water or avoiding a lightning storm, or where the rest occurs at a time when it does not interfere with work activities. Compare the two following scenarios. In one case, a worker was denied benefits for injury when he knowingly rested in a dangerous area at a time near the end of his shift. One has to wonder if he was being punished by the court for resting right before his shift ended. However, an employee whose permitted nap runs slightly longer than planned, or an employee who rests between tasks presented to him cannot be denied benefits if injury arises during these unobtrusive intervals in his shift. |
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