Gibberd Ex Rel. Gibberd v. Control Data Corp.

KELLEY, Justice.

The ultimate issue for resolution in this case is whether the dependents of an employee, a victim of a random street killing, are entitled to recover workers’ compensation benefits from his employer when the victim was killed while away from the employer’s premises during his meal break. A compensation judge held that they were not. The workers’ compensation court of appeals (WCCA) reversed, and awarded dependency and funeral benefits. We reverse and reinstate the decision of the compensation judge.

Basically, the facts leading up to the killing are undisputed. At approximately…