Maynard v. H.A.M. Landscaping, Inc.

{¶ 37} I respectfully concur in judgment only for the reasons that follow.

A. Negligence Claim

{¶ 38} One of the underlying questions here is whether plaintiffs injuries occurred “in the course of’ or “ar[ose] out of’ employment. 2 The majority opinion observes that for a workers’ compensation claim to be compensable, both of these criteria must be met, but that only one of these two requirements need be satisfied in order for an employer to receive statutory immunity against a negligence claim. The majority opinion, however, never clarifies which of these conditions was satisfied. 3 Because…