Kendrick v. Peel, Eddy, & Gibbons Law Firm

Melvin Mayfield, Judge.

The appellant in this appeal from the Workers’ Compensation Commission is the minor son of Kathy Kendrick, who was shot and killed at her employer’s law office by Ronald Gene Simmons on December 28, 1987. It is contended that the child, who was four years old at the time of his mother’s death, is entitled to workers’ compensation benefits based on the doctrine of positional risk. The Commission did not agree that the doctrine applied and held the evidence failed to establish that decedent’s death arose out of and in the scope of her employment.

In J. & G. Cabinets v.…