AOE/COE

Definition - The employee must be performing service arising out their employment (AOE) and acting within the course of their employment (COE) when the injury occurred.

Elements

• AOE - The activity performed at the time of the injury is either specifically required or reasonably contemplated by the employment relationship.
• COE - The injury occurred while the employee was engaged in employment related activities.

Considerations When Investigating

• Employees understanding of employment relationship
• Employers understanding of employment relationship
• Location of incident in relationship to work site
• Time of incident in relationship to work hours
• Was the employee being compensated at the time of the incident
• Did the employee remove themselves from their employment duties to engage in personal activities
• Did the employer have knowledge of the activity at the time of the injury
• Was the activity implied as "ok" by the employer
• Did the employer derive any benefit from the activity
• Did the employer exercise any control over the employee at the time the injury occurred