United Fire & Casualty Co. v. Maw

OPINION

FLEMING, Judge.

Appellant insurer challenges the district court’s conclusion that injuries sustained by an employee of the insured did not arise out of, and in the course of, the employee’s employment. We reverse.

FACTS

Raymond Staples worked as a laborer on one of Greystone Masonry’s concrete crews. The foreman of Staples’s crew, Bob Orchard, scheduled the order of projects on which the crew worked. The crew usually worked on more than one project per day. Orchard often did not know at the end of one work day what the schedule for the following day would be. Orchard’s practice was to go…