Noble v. Industrial Com'n of Arizona

OPINION

THOMPSON, Judge.

This is a review of an award and decision upon review denying compensability. Applying our independent judgment, we conclude that an injury arises out of and in the course of employment when a worker voluntarily but reasonably uses his or her employer’s premises after-hours and the origin of the risk resulting in the injury is the employer’s business use of the premises. We accordingly set aside the award and decision upon review.

FACTS AND PROCEDURAL HISTORY

Respondent employer (ABCO) employed petitioner employee (claimant) in a Phoenix area grocery store. The store…