Wellington v. John Morrell & Co.

OPINION

BROCK, Justice.

This is an action to recover benefits under the Worker’s Compensation Act. The trial court found that the accident did not arise out of and in the course of plaintiff’s employment and, for that reason, dismissed the complaint.

The plaintiff, Wellington, was employed by the defendant John Morrell Meat Packing Company as a butcher. His usual work day began at 5:30 a. m. and the regular lunch “break” was from 10:30 a. m. until 11:00 a. m. Mr. Littlejohn, the employer’s personnel supervisor, explained that employees did not have “set hours.” The time card punched by the…