Barnes v. Charter 1 Realty

I respectfully dissent. In my opinion, this case presents a question of substantial evidence and not one of law, and the Court of Appeals was correct to affirm the Workers’ Compensation Commission’s decision to deny compensation. I would therefore dismiss the writ of certiorari as improvidently granted.

An accident is compensable only where it both “arises out” of employment and occurs “in the course of employment.” These two requirements are not synonymous, and the claimant must prove both. An injury “arises out” of employment when *400there is a causal connection between the conditions under…