Waters v. Indiana State University
2011 Ind. App. LEXIS 1434
| Ind. Ct. App. | 2011Background
- Waters worked for Indiana State University for nearly eighteen years as a custom drapery maker for residence halls.
- Her pre-injury condition included morbid obesity (~362 pounds), diabetes mellitus type II, and knee problems requiring a cane.
- On July 28, 2004, Waters attended an employer-approved, on-the-clock employee appreciation luncheon held in Bloomberg Hall dining room.
- Waters sat in a restaurant-style booth; at the end of the meal she had to rock back and forth and twist to exit, during which she felt a pop and pain in her right upper leg near the hip.
- She drove to another campus location, worked for about an hour, then went home; the next day she sought medical attention and was diagnosed with a cracked right femur requiring immediate surgery and multiple subsequent surgeries, and she has not returned to work.
- The Board denied Waters worker's compensation benefits; the Single Hearing Member and Board concluded the injury arose from a personal risk and was not employment-related; Waters appeals the Board’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Waters’ injury arise out of her employment? | Waters contends the booth design and her employment context contributed to the injury. | ISU argues the injury arose from a personal risk not connected to employment. | No, the injury did not arise out of employment; reversed and remanded for further proceedings. |
| Does Waters’ pre-existing condition factor into a compensable nexus between the injury and employment? | Waters argues employment circumstances contributed to the injury despite pre-existing conditions. | ISU argues risks were personal to Waters and not employment-related. | The undisputed evidence shows Waters’ exit from the booth contributed; holding that the Board’s personal-risk conclusion is not supported by substantial evidence. |
| What is the proper standard of review for this question of liability under the Act? | The issue is a question of law when facts are undisputed and lead to a single inference; the court reviews de novo. |
Key Cases Cited
- Wine-Settergren v. Lamey, 716 N.E.2d 381 (Ind. 1999) (risks incidental to employment include personal acts for comfort or convenience and are compensable)
- Pavese v. Cleaning Solutions, 894 N.E.2d 570 (Ind.Ct.App. 2008) (burden of proof and whether injury arises out of employment; defines course of employment and causation)
- Bertoch v. NBD Corp., 813 N.E.2d 1159 (Ind.2004) (undisputed facts leading to one inference; de novo review on law; compensation when injury arises out of employment)
- Milledge v. The Oaks, 784 N.E.2d 926 (Ind.2003) (positional risk doctrine; later overruled by legislative amendment to burden of proof)
- Kovatch v. A.M. General, 679 N.E.2d 940 (Ind.Ct.App.1997) (classic personal risk concept; distinctions among employment-related and personal risks)
- Hernandez v. Wright Tree Serv., 907 N.E.2d 183 (Ind.Ct.App.2009) (discusses compensability where employment-related stress interacts with injury)