Graves v. Builders Steel Supply

I respectfully dissent because, as correctly concluded by the ALJ and by the superior court in its well-reasoned judgment, the injury did not “arise out of and in the course of’ the employee’s employment.

The material facts are not disputed. Graves worked for Builders as a grinder of steel parts used in the manufacture of steel fences. He stated that that was his job. The only machine he was authorized to operate by and for Builders was the grinder. He was not authorized to operate the drill press. Not only that, maintenance was not part of his job.

On the day of his injury, Graves had clocked…