Legal Opinion

Safeway Stores, Inc. v. McDowell

Court of Appeals of Arkansas

Decided September 16, 1981No. CA 81-167Published

1Opinion of the Court

Tom Glaze, Judge.

This Workers’ Compensation case involves one primary issue: whether the claimant’s injury was substantially occasioned by her wilful intention to bring about the injury of another as contemplated under Ark. Stat. Ann. § 81-1305 (Repl. 1976). The relevant provisions of § 81-1305 provide:... there shall be no liability for compensation under this Act ... where the injury or death from injury was substantially occasioned by ... wilful intention of the injured employee to bring about the injury or death of himself or another.

The Commission upheld the Administrative Law Judge’s…

2Cases cited4 opinions

  1. Brower Manufacturing Co. v. WillisSupreme Court of Arkansas · 1972
  2. Johnson v. SafreedSupreme Court of Arkansas · 1954
  3. OFFICE OF EMERGENCY SERVICES, ETC. v. Home Ins. Co.Court of Appeals of Arkansas · 1981
  4. Hammer v. Intermed Northwest & Rockwood InsuranceCourt of Appeals of Arkansas · 1980

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