Ohio court revives worker’s claim for bootlace-tying accident

An Ohio appellate court on Wednesday overturned a summary judgment for an employer that found a worker was not entitled to workers compensation for injuries from a fall while trying to tie his bootlaces.

Frederick Judice was working for FedEx Ground Package System Inc. as a package handler when he removed his composite-toed boots that would set off the company’s metal detectors, according to Judice v. FedEx Ground Package System Inc.

He put his boots back on after entering the facility but left his laces untied as he walked through the building, down a ramp and into the warehouse. After arriving at the warehouse, Mr. Judice lifted his left foot to tie his laces while standing on the right foot. His ankle gave way, breaking his right leg.

Mr. Judice filed a claim, which was denied by a district hearing officer and later reversed by a staff hearing officer. After the Industrial Commission declined to consider further administrative appeals, FedEx sought review in a state trial court and moved for summary judgment.

A trial court judge granted the motion, finding Mr. Judice’s injury did not arise out of his employment because the company had no control over his bootlaces being untied, and his fall was not caused by a condition of his employment or work environment.

The Court of Appeals for the 9th District of Ohio said the trial judge erred, writing that the FedEx required Judice to walk through a metal detector on his way into work and that Mr. Judice sustained an injury while trying to re-tie his boots after passing through the metal detector.

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