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Injuries Must “Arise Out Of” Employment

In Carnahan v. Morton Bldgs., Inc., Case No. 11-14-02, 2014-Ohio-4139, the claimant was overseeing the construction of a pole barn on a client’s 100-acre property in Missouri.  The claimant and his crew were assigned to the job site by their employer for the sole purpose of constructing the barn.  On the final day of construction, after the crew had packed up their tools, a farmhand offered the claimant a tour of the property on an ATV.  The claimant accepted to satisfy his own curiosity about the property.  Half an hour into the tour was in an accident that caused a serious head injury.  Claimant filed a workers’ compensation claim, which was denied by the Industrial Commission.  The claim was also denied on appeal to the Court of Common Pleas.  The Third District Court of Appeals upheld the denial of the claim, holding that the injury did not “arise out of” employment, as required by R.C. § 4123.01(C), because: (1) the scene of the accident was not in the proximity of the jobsite; (2) the employer did not have control over the place where the accident occurred; and (3) the employer did not benefit from the claimant’s presence at the scene of the accident.  You can read the full opinion here.

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