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BCM Attorney Paul Pasche KO's petitioner in fight case

BCM Attorney Paul Pasche won an arbitration victory in a case involving a fight between the petitioner and a co-worker. By having all witnesses to the fight testify, Pasche was able to convince the arbitrator that the fight was personal, not work-related, in nature.

The petitioner claimed a co-worker started a fight with him following a fight over which grass seeds were to be planted as part of their duties as landscapers. The co-worker testified that the petitioner started the fight over a car trade between the two of them that went sour. On cross-examination, the petitioner admitted discussing the car prior to the fight. Contrary to the petitioner's testimony, other co-workers on the scene denied seeing the petitioner and the co-worker discussing or arguing about seeds. Based on the "totality" of the evidence, the arbitrator concluded that the petitioner had failed to prove a compensable incident. Whether or not the petitioner was the aggressor, the subject of the fight itself was personal in nature. Therefore, the arbitrator denied the petitioner's claim for benefits and dismissed his application.

An appeal is anticipated.