Roger was employed as a dump truck driver for Gaston Construction Company. While on the job, he ran off the road because he was texting while driving, in direct violation of Gaston's procedural manual and, as a result, severely injured himself. Nonetheless, Roger filed a workers compensation claim. Gaston denies liability based on Roger's (a) gross negligence, (b) disobedience of the procedural manual, and (c) written waiver of liability.

Can Roger recover for his injury? Why?