Commercial Construction Co. v. Caldwell

To my mind the judgment of the majority in this case carries to its ultimate limits the positional risk theory in determining compensability; it places undue emphasis on that facet of the Workmen’s Compensation Act relating to an injury arising in the course of the employment, and virtually ignores the additional requirement that the injury must also arise out of the employment before it is compensable. There must be some causal connection between the employment and the injury. The mere fact that an employee is injured while on the job is not enough. “An accident arises 'out of’ the…