Bruce's Tulsa Truck Plaza v. Thornhill

REIF, Judge.

Employer-truck stop and its Insurance Carrier seek reversal of an award for injuries that Claimant-waitress sustained while working when she was struck by a glass window that was blown out by a tornado. Their primary contention is that the injuries did not “arise out of’ a risk incidental to her employment, but were due to the peril of an “Act of God” to which Claimant had no greater exposure than the general public. They rely on Baker v. State Industrial Comm’n, 138 Okla. 167, 280 P. 603 (1929), which affirmed the denial of benefits to an employee who was injured by a cyclone as…