Scenario: In your letter, you state that your client’s driver was driving a company vehicle, on the clock, and traveling on a public roadway.
The driver was traveling between service calls near an intersection when a four-car collision occurred as the result of another car coming from the wrong direction in the same lane.
After the accident occurred, the wrong-way motorist exited his car, shot your client’s driver, stole the driver’s truck, and fled the scene.
There is no evidence that your client’s driver said or did anything to provoke the wrong-way motorist in any way.
Later that day, your client learned that the wrong-way motorist had been in the midst of a serial crime spree at the time of the accident.
Question: Is the shooting injury sustained by our client’s driver work-related? Would not the factual circumstances of such a continuous string of unforeseeable third-party criminal acts that injured, killed, and/or affected the general public over the course of several hours be sufficient to rebut the geographic presumption of work-relatedness? If not, what are some examples of circumstances OSHA would consider sufficient to rebut the presumption of work-relatedness?
Response: