DAVID LOW vs. FEDERAL EXPRESS; Permissibly Self-Insured, Administered By SEDGWICK CMS

This case concerns a FedEx driver who sustained injuries from a fall on the employer's premises during an unpaid lunch break. The Appeals Board denied the employer's petition for reconsideration, upholding the finding that the injury was industrial. The injury, resulting from an idiopathic coughing fit and subsequent fall on the employer's property, is compensable under the "personal comfort doctrine" and established case law regarding idiopathic falls on premises. The board affirmed that such injuries occurring on employer premises are compensable even if caused by non-work-related conditions.