Blanchard v. Koch Refining Co.

KELLY, Justice.

The employer and insurer seek review of a decision of a divided Workers’ Compensation Court of Appeals awarding dependency benefits to respondent, the widow of the deceased employee. Our review of the record compels the conclusion that the court of appeals erred in holding that respondent sustained her burden of proving that employee’s death arose out of and in the course of his employment.

Employee’s work occasionally required him to check the amount of water in crude oil which is refined in large dryers at the employer’s refinery. The task required an employee performing it to…