954 N.E.2d 925
Ind. Ct. App.2011Background
- Burdette, a Perlman maintenance worker, died after a May 31, 2006 fall at the Perlman warehouse.
- An application for adjustment of claim was filed on Burdette's behalf on November 27, 2006.
- A September 24, 2009 hearing, with stipulated facts, addressed Burdette's death from head trauma after a work fall.
- On February 3, 2010, a single hearing member found the injury not compensable and the Board later affirmed.
- The issue on appeal is whether the Board erred in affirming the denial of compensation, given Burdette's claimed work-related fall.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the fall arise out of Burdette's employment? | Burdette argues the work environment caused or contributed to the fall. | Perlman contends the fall stemmed from Burdette's personal condition (Meniere's/vertigo) with no employment-based cause. | No; Board correctly held no compensable arising-out connection. |
| Did Burdette's employment increase the risk of falling or its consequences? | Employment conditions worsened the risk or effects of his idiopathic fall. | There was no increased risk from the workplace—fall caused by personal condition on a concrete floor. | No; employment did not increase the risk; Board's reasoning affirmed. |
Key Cases Cited
- Kovatch v. A.M. Gen., 679 N.E.2d 940 (Ind.Ct.App. 1997) (idiopathic falls generally not compensable; windfall if employment increases risk)
- Pollock v. Studebaker Corp., 230 Ind. 622, 105 N.E.2d 513 (Ind. 1952) (recognizes neutral, idiopathic, or employment-related fall distinctions)
- Milledge v. The Oaks, 784 N.E.2d 926 (Ind.2003) (framework for nexus between injury and employment and risk categories)
- Global Constr., Inc. v. March, 813 N.E.2d 1163 (Ind.2004) (defines whether injury arises out of employment via reasonable nexus)
- Pavese v. Cleaning Solutions, 894 N.E.2d 570 (Ind.Ct.App. 2008) (two-ground framework for falls on concrete floor (personal vs neutral risk))
- Wright Tree Serv. v. Hernandez, 907 N.E.2d 183 (Ind.Ct.App. 2009) (board deferentially reviews whether injury arose out of employment)