Zenith Insurance v. Workers' Compensation Appeals etc. CA3

BACKGROUND

On August 24, 2017, a man entered the Greyhound terminal while Alex was working. Alex had never seen the man before. The man cursed at passengers and danced around, and passengers complained to Alex about the man. Some asked Alex to direct the man to leave the terminal. When Alex asked the man if he had a bus ticket, the man cursed at Alex. The man then started walking toward the terminal door. According to Alex, when they were both at the terminal door, the man punched Alex. Alex followed the man outside the terminal. Alex testified he intended to catch the man so he could turn him over to police. At his deposition, Alex said he chased the man because he was mad that the man hit him. But at the hearing before the workers’ compensation judge, Alex denied getting angry at the man. As Alex was chasing the man, Alex lost his balance and fell not far from the terminal door. He experienced a subdural hematoma, an intracranial hemorrhage, a concussion, and postconcussive syndrome. Biomechanics expert Dr. Stephanie Bonin reviewed surveillance video and opined that the video did not support Alex’s claim that the man hit him at the terminal door. Dr. Wayne Anderson, who…