Yzer, Inc. v. Rodr

by
Claimant Barton J. Rodr was a full-time computer programmer employed by Yzer, Inc. He suffered a heart attack while doing lawn work for his employer on the employer's premises. He was not paid anything additional for the lawn work. Claimant sought workers' compensation benefits, which were denied: the employer denied that he was working as an employee at the time of injury and claimed that the injury was not incurred during the course and scope of his employment. Employer asserted that the claimant was acting as a volunteer when injured. The workers' compensation court awarded benefits, determining that Claimant was not acting as a volunteer arising out of and in the course of his employment. The three-judge panel unanimously affirmed. The employer appealed, asserting that Claimant did not meet the statutory definition of an employee under the workers' compensation act and that the accidental injury did not occur in the course and scope of employment. The Court of Civil Appeals vacated the order, finding it to be against the clear weight of the evidence and contrary to law because Claimant's performance of lawn work at the time of his injury was outside his employment and was not related to or incidental to his computer programmer job, and was therefore not compensable. Claimant timely appealed. The Supreme Court found that the test here was whether the work was necessary for the benefit of the employer: "Here, the employer specifically asked for volunteers to help with the yard work to make the grounds look nice for the grand reopening of Automobile Alley. The claimant and his thirteen-year-old son performed those duties. The employer then hired claimant's thirteen-year-old son to continue the yard work. . . . The employer's yard crew had quit and the claimant was performing that task to help out the employer, at the employer's request. The yard work was for the benefit of the employer and was not in furtherance of a personal mission. The facts reflect that the claimant was performing a special task for his employer and that his accidental injury arose out of and was within the course of his employment." The Court vacated the appellate court's decision and sustained the award entered by the workers' compensation court. View "Yzer, Inc. v. Rodr" on Justia Law