Duncan ex rel. Hahn v. South Central Bell Telephone Co.

I respectfully dissent from the majority opinion which affirms the trial court judgment and follows our prior decision in this case.

I do not agree with the majority opinion that the plaintiff is entitled to workers’ compensation benefits. This court, in its prior opinion and now in the majority opinion, has misconstrued the jurisprudence dealing with entitlement to workers’ compensation benefits. Although the majority has “clarified” our prior opinion regarding the dual requirements that an accident must “arise out of” and be “in the course of” employment, it has failed to apply those…