Lee v. Industrial Commission

I respectfully dissent.

While I agree with the majority with respect to when the accident occurred, I believe that the better view, as espoused by Professor Larson, is that injuries sustained while traveling to and from medical treatment for a compensable injury arise out of and in the course of employment and are compensable. As Professor Larson points out, when referring to Taylor, an employer is under a statutory duty to furnish medical care, and an employee is under a statutory duty to submit to reasonable medical treatment. Such duties become, by implication, part of the employment…