Court rejects worker's comp suit over chair fall

CARSON CITY, Nev. - The Nevada Supreme Court says a casino worker who fell out of a chair while propping his feet on a desk isn't entitled to worker's compensation benefits.

The Las Vegas Sun reports justices on Tuesday ruled against Gary Mogg, citing insufficient evidence that reclining behind the desk was within the course and scope of his employment.

Mogg was a surveillance agent at Fitzgeralds Casino-Hotel in Reno, and monitored 38 television screens when he took a tumble in January 2008. He tried to put his legs up on his desk to help with circulation. The chair tipped over, and he fell to the ground. He maintains it was not his fault, and the chair was defective.

The court said a hearing officer abused its discretion in deciding Mogg's injuries arose out of his employment.

Justices sent the case back to a hearing officer to determine if there was any written or implied prohibition against putting feet on the desk.