Friday, February 24, 2006

A Wiseguy, Eh?

Another one of our many email exchanges

From Russ:

Reading for Worker's Compensation is slightly more interesting than the usual law school reading. All the cases read like a Three Stooges Short. For example:

"There duties include delivering boxes. Each box was secured by elastic bands (also described as "rubber bands"). Each rubber band was approximately twelve inches long by three-eigths inch wide."

Uh oh. I can see where this is going.

"Testimony before the administrative law judge establishes that the rubber bands were used by some of Bergin's employees for "rubber band fights".

Mike replied:

Maybe this will be the fact pattern for your test:

A was bending over to pick something up off of the ground, when a co-worker, B, walked by carrying a long wooden post on his shoulder. A third co-worker, C, called the name of B, causing B to turn around, just as A was standing up. The post on B's shoulder swung around and caught A in the back of the head. B, realizing the commotion, swung back around to see what happened and stuck C in the same manner.

After a brief moment of pain, A became angry and confronted B. Unhappy with his aplology, A used a handsaw on B's head, causing a sawing sound but no blood. C then came to, and asked what the big idea was, prompting A to poke C in the eyes. Once B and C's pain subsided, A instructed the two of them to get back to work, and as an extra motivating tool, grabbed B and C by the head and knocked them together, making, as witnesses decribed "a coconut sound."

B went to start laying some concrete, but each time he smoothed it out, a dog ran through it, leaving paw prints and reqiring B to resmoothe the concrete. After several attempts, B was seen to quickly run his hands over his face while talking in a falsetto.