Smith v. Winfield Livestock Auction, Inc.

Marquardt, J.:

Bonnie Smith, widow of Phillip M. Smith, appeals the finding of the Workers Compensation Board (Board) that Phillip’s fatal injuries did not arise out of and in the course of his employment. We affirm.

On October 3, 2001, Phillip hauled three cows to the Winfield Livestock Auction, Inc. (Auction) for Anna Poovey. After the auction concluded, Phillip was loading Poovey s cow into the trailer and was trampled by tire cow. Phillip died 4 days later.

Phillip, a farmer, worked for the Auction 1 day a week moving cattle off the scales during the auctions. Phillip was paid hourly for…