Yzer, Inc. v. Rodr
2012 OK 50
| Okla. | 2012Background
- Rodr, a salaried computer programmer, was injured on employer premises while helping with lawn work on request.
- The injury occurred on Saturday, July 18, 2009, due to a myocardial infarction at work.
- Employer denied workers' compensation, arguing Rod was not acting as an employee and was not injured in the course of employment, claiming he volunteered.
- The workers' compensation court awarded benefits, finding Rod was not a volunteer and the injury arose out of and in the course of employment.
- The Court of Civil Appeals vacated, concluding the lawn work was outside Rod’s employment and not related to his programmer duties.
- The Supreme Court vacated the Civil Appeals’ decision and sustained the workers' compensation award, holding Rod was an employee and the yard work was for the employer’s benefit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Rodr an employee at the time of injury? | Rod | Yzer, Inc./Funnel Design | Yes; employee status established; not a volunteer |
| Did the injury arise out of and occur in the course of employment? | Rod | Yzer, Inc./Funnel Design | Yes; injury connected to employment and sustained during employer task |
| Was the lawn work a voluntary, non-compensable act outside employment? | Rod | Yzer, Inc./Funnel Design | No; yard work part of special-task for employer |
| Whether preexisting conditions or exertion were the major cause of the heart injury? | Rod | Yzer, Inc./Funnel Design | Rod’s employment-related exertion was major cause; extraordinary exertion present |
Key Cases Cited
- Associated Employers Reciprocal v. State Industrial Comm'n, 82 Okla. 229, 200 P. 174 (1921 OK) (employee remains in course of employment when performing necessary acts for employer)
- Lanman v. Okla. Co. Sheriff's Office, 958 P.2d 795 (1998 OK) (arising out of employment and course-of-employment tests applied)
- Harris v. La Quinta, 937 P.2d 89 (1997 OK) (special-task exception to noncompensability)
- Wal-Mart Stores, Inc. v. Switch, 878 P.2d 357 (1994 OK) (liberal construction in favor of employee)
- City Bus Co. v. Lockhart, 204 Okla. 314, 229 P.2d 586 (1951 OK) (de novo review of legal conclusion on arising out of and in course of employment)
- Mahan v. NTC of America, 832 P.2d 805 (1992 OK) (jurisdictional facts reviewed de novo)
- Chicago Pneumatic Tool Co. v. McGrew, 63 P.2d 749 (1936 OK) (jurisdictional limitations on compensation claims)
- Pauls Valley Travel Center v. Boucher, 112 P.3d 1175 (2005 OK) (employment can be major cause when exertion is extraordinary)