Worker misconduct and the denial of claims under the employees' compensation ordinance

Abstract

An often overlooked feature of the Employees' Compensation Ordinance is that an employee who meets the basic requirements for a claim can nonetheless be denied compensation under certain provisions of the Ordinance, if his misconduct or his contribution to the injury is viewed as sufficiently serious. These provisions are rarely resorted to, but their potential should not be under-estimated. Moreover, these provisions overlap with each other, and contain certain internal contradictions. They also overlap with and to some degree contradict certain of the provisions establishing the basic qualifying conditions for compensation. This article will explore recent and historical case law in which these provisions have been interpreted and applied, and will consider the extent and effect of the overlap between them and the extent to which they overlap with and contradict the basic qualifying conditions. Some simple suggestions for reform will be proposed.