Kohlmayer v. Keller

At the outset, we observe that a reversal would be required in any event, by reason of the trial court’s submission of a special instruction to the effect that an injury occurs in the “course of employment . . . while the workman is engaged in the performance of the duty he is employed to perform.”

An injured employee need not be in the actual performance of his duties in order for his injury to be in the “course of employment,” and thus compensable. Marlow v. Goodyear Tire & Rubber Co. (1967), 10 Ohio St. 2d 18, 23; Sebek v. Bronze Co. (1947), 148 Ohio St. 693, 698. Statements to the contrary…