* While leaving the foundry where he was assigned by his employer Daniel March was injured by strikers. We hold that the Worker's Compensation Act covers this inJury. ‘
Factual and Procedural Background
Hobal Construction employed Daniel March to service machinery at various facilities of Global's customers. In September, 1999, March was performing maintenance at thе Auburn Foundry, in Auburn where employees of the Foundry were on strike.
March completed his shift at the Foundry at approximately 10:30 p.m. on the night he was injured. Because a large number of picketing strikers had congregated in a parking lot across from the employee exit, March waited approximately fifteen minutеs before attempting to leave the Foundry in his truck via the employee exit. Strikers had positioned cars to shine their headlights at the gate, which impaired March's vision as he made a right turn to exit the Foundry onto the public street bordering the Foundry. Shortly after March left the Foundry and turned onto the street, his truck was struck by an оbject. When a second object eracked his windshield March stopped the truck. March then backed his truck up or stopped and either got out of his truck on his own, or was pulled out. A verbal confrontation ensued and March was attacked, apparently by more than one person. He was repeatedly struck in the head with a 2 x 4 board, and suffered significant injuries.
The Worker's Compensation Act covers injuries that "arise out of and in the course of" a person's employment. Ind. Code § 22-8-2-2 (1998). - An injury "arises out of" employment when a causal nexus exists between the injury sustained
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and the duties or services performed by the injured emрloyee. Milledge v. The Oaks,
Standard of Review and Adequacy of Findings
"On appeal, we review the decision of the Board, not to reweigh the evidence or judge the credibility of witnesses, but only to determine whether substantial evidence, together with any reasonable inferences that flow from such evidence, support the Board's findings and conclusions." Walker v. State,
The Board found that when March's windshield cracked, he stopped his truck, but the Board could not conclude whether he backed his truck up or whether he exited the truck on his own. The Board found that March did not initiate a physical confrontation, but was attacked by one or more picketers and struck with a 2 x 4 after he exited the truck. Global argues that the Board erred in its finding that "The evidence conflicts, as to whether Plaintiff backed his truck up and whether he exited the truck on his own, or was pulled out." Global asserts that the Board is required to provide more specific findings of fact and that the evidence shows that March backed his truck up and got out on his own. We agree that the Board's findings must be sufficient to allow review. Although the Board was unable to determine the specific facts of the encounter, it found that March stopped his truck in response to a crаcked window and did not initiate a fight. Its ultimate conclusion was that March's injury arose out of and in the course of his employment. For the reasons given below, these findings are adequate to establish March's claim.
I. Injuries "in the Course of" Employment
Global argues that March's injuries did not meet the statutory requirement that they be incurred "in the course of" his employment. Global points out that "March was not on the employer's premises, had already completed his work, and was not performing any employment duties." In general, to arise "in the course" of employment, an injury must occur during work and on the employer's premises. Therefore, most injuries sustained on route tо or from the workplace are not covered. Arthur Larson & Lex K. Larson, Larson's Workers' Compensation Law, § 18.01, at 13-8 (2004). For example, in Donahue v. Youngstown Sheet & Tube Co.,
Despite this general doctrine, courts have in some cireumstances allowed compensation for injuries that occur close to, but not оn, the employer's premises when an employee was going to or coming from work. As the Indiana Court of Appeals early explained, "employment is not limited to the exact moment when the workman reaches the place where he is to begin his work, or to the moment when he ceases that work. It neсessarily includes a reasonable amount of time and space before and after ceasing actual employment, having in mind all the cireumstances connected with the accident." Reed v. Brown,
The Court of Appeals based its holding that March's injury was not "in the course of" his employment on its conclusion that March was not injured during his egress from the parking lot. Rather, the Court of Appeals accepted Global's contention that March completеd making his exit from his employer's premises, passed the strikers and only then backed up to confront them. Global Constr., Inc. v. March,
Even if passage through the employee exit and the gauntlet of picketers was "in the course of" March's employment, the Court of Appeals found that "when March made the personal decision to reverse his truсk and challenge the strikers he became clearly and irrevocably on a course of conduct inconsistent with his work and indicating personal business." Global Constr.,
II. Injuries "Arising Out of" Employment
To "arise out of" employment and therefore be compensable, there must be a causal connection between the injury and the worker's employment. Milledge v. The Oaks,
One basis to estаblish a causal connection is to show the injury resulted from a risk specific to the employment. We recently held that injury from a risk incidental to employment is sufficient to bring a claim within workers compensation as "arising out of" the employment. Wine-Settergren v. Lamey,
Global argues that March's exchange with the strikers is not compensable under the Act because Mаrch "confronted the strikers in a personal capacity," "had been expressly warned to avoid the picketers," and "went past the strikers, out of harm's way, and then, on his own initiative, in order to confront the strikers, backed his vehicle up into the proximity of the strikers, and voluntarily got out of his vehicle to confront thе strikers." This is presented in support of the contention that the injury did not "arise out of" employment. We think it is a restatement of the arguments directed to "in the course of" employment. There is no doubt that the blows March suffered were the cause of his injuries, The issue is whether the beating was received in the course of employment. For the reasons given in Part I, we conclude that it was. Insofar as this argument is a separate contention as to "arising from," as long as a causal connection exists between the injury and the person's employment, an employee may still recover for an injury sustained while performing personal acts. Prater v. Ind. Briquetting Corp.,
In sum, the Worker's Compensation Board found that Mareh's injury arose out of and in the course of his employment. The evidence does not lead clearly and inescapably to the opposite conclusion.
Conclusion
The decision of the Worker's Compensation Board is affirmed.
