Olinger Construction Co. v. Mosbey

I respectfully dissent. An employee or his dependents are not eligible for Workmen’s Compensation benefits unless his injury or death arose “out of and in the course of the employment.” I.C. 22-3 — 2-2 (Burns Code Ed. Supp.1980).

I have no quarrel with the conclusion of the majority that Mosbey’s death occurred while he was “in the course of” his employment. I do not agree, however, that it “arose out of” that employment. The causal connection necessary to the latter statutory requisite is that the death must arise “out of a risk which a reasonable person might comprehend as incidental to the…