Legal Opinion

Milledge v. Oaks

Indiana Supreme Court

Decided March 14, 2003No. 93S02-0206-EX-346, 93A02-0104-EX-233PublishedCited by 41 opinions

1Opinion of the Court

RUCKER, Justice.

Case Summary

This case presents the question of when and to what extent an injury resulting from an unexplained accident occurring in the workplace is compensable under Indiana's Worker's Compensation Act. We conclude that an unexplained accident represents a "neutral risk" and that the "positional-risk" doctrine applies. Under which, an injury is compensable if it would not have occurred but for the fact that the condition or obligation of the employment put the employee in the position at the time of injury.

Facts and Procedural History

In 1983 Phyllis Milledge began working as…

2Cases cited40 opinions

  1. Frampton v. Central Indiana Gas CompanyIndiana Supreme Court · 1973
  2. Whetro v. AwkermanMichigan Supreme Court · 1970
  3. Phil A. Livesley Co. v. RussOregon Supreme Court · 1983
  4. Control Techniques, Inc. v. JohnsonIndiana Supreme Court · 2002
  5. Steinberg v. South Dakota Department of Military & Veterans AffairsSouth Dakota Supreme Court · 2000

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3Cited by41 opinions

  1. PSI Energy, Inc. v. Home Insurance Co.Indiana Court of Appeals · 2004
  2. MANOUS, LLC v. ManousogianakisIndiana Court of Appeals · 2005
  3. Dykhoff v. Xcel EnergySupreme Court of Minnesota · 2013
  4. Bertoch v. NBD CORP.Indiana Supreme Court · 2004
  5. Global Construction, Inc. v. MarchIndiana Supreme Court · 2004

36 more not listed; retrieve them via the Exa API.

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