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Worker’s Injury While on Smoke and Sandwich Break Compensable, Court Rules

An employee is entitled to payment for an injury sustained on a brief, informal trip away from the workplace for a smoke break and to get a sandwich, the Pennsylvania Commonwealth Court ruled, because that time fell under the “personal comfort” doctrine.

The court’s Friday decision reversed a ruling from the Workers’ Compensation and Appeal Board denying claimant Stanley Henderson wage loss benefits and medical costs that a workers’ compensation judge had awarded him. 


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