Dublin Garment Co., Inc. v. Jones

Opinion

KOONTZ, C.J.

This is a workers’ compensation case involving a touching by a fellow employee resulting in injury to the claimant, Kaye T. Jones. It is conceded that the injury arose in the course of employment. The sole issue on appeal is whether the injury arose out of the employment. The Industrial Commission, with Chairman James dissenting, held that the injury did arise out of the employment. We affirm.

The essential facts are not in dispute. On September 19, 1984, Jones entered the “breakroom” located on the premises of her employer, Dublin Garment Company, Inc. Immediately…