Teffer v. Twin Falls School District No. 411

I cannot agree with the majority that the Industrial Commission was correct in its conclusion that the accident which injured Teffer did not arise out of and in the course of Teffer’s employment.

The referee found that “[n]o regular pattern of usage of the gym facilities after working hours by the claimant or other school district employees was established.” This finding is contrary to the record. While Teffer personally had used the facilities only two or three times, the unrebutted testimony of Larry Baxter, the personnel director for the school district and a witness for the district,…