A bus driver in Kentucky was denied workers’ compensation benefits for an injury sustained during a fight with a passenger, as it was discovered that the driver was the instigator in the fight.

Douglas Wayne Trevino worked as a bus driver for Transit Authority of River City (TARC) in Kentucky. On November 9, 2013 he was assaulted by a passenger and received injuries to his face and teeth. He also suffered from post-traumatic stress disorder after the incident.

He initiated a workers’ compensation claim which was initially denied by an Administrative Law Judge. Trevino’s motion for reconsideration was denied and his subsequent appeals took the case to the Supreme Court of Kentucky. They affirmed the earlier decisions.

TARC argued that he acted outside the scope of his employment and was the instigator in the incident, according to surveillance video from the bus. The burden of proof laid on Trevino to show that he was eligible for benefits, and he could not provide evidence to prove that earlier decisions denying his benefits were unreasonable. He argued self-defense, but the court did not find his argument credible and it was determined his actions were the reason for the escalation in the incident. They ruled that his behavior proximately caused violence which resulted in an injury, and he is not eligible for compensation.

Read the case here.