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Judges: injuries from crash on public road not covered

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The Indiana Court of Appeals has upheld a decision by the state worker’s compensation board that denied a security guard’s claim that a car accident on the way to work happened in the course of his employment and should be compensated.

Night security guard Earl Arnold in 2006 was driving from his home to his job at Rose Acre’s facility in Cortland. He was on County Road 800 North, which is a public road that intersects with a gravel road serving as the only entrance to Rose Acre’s facility. As Arnold started to make a left-hand turn onto the facility’s gravel road and crossed the center line, he was struck by a pick-up truck. The vehicles came to rest partially on the public road and partially in Rose Acre’s driveway. Arnold suffered several injuries.

He filed a claim for workers’ compensation on the grounds that the accident arose out of and in the course of his employment, but a single member denied his claim and the full board supported that conclusion.

In Earl Arnold, Sr. v. Rose Acre Farms, Inc., No. 93A02-1109-EX-874, the judges could not determine that the full board erred in concluding that the public road wasn’t part of the Rose Acre’s premises for purposes of state statute. Although Rose Acre technically owned the soil beneath the public road, the judges found that it had no control of the road’s use a public thoroughfare. The court rejected Arnold’s argument that his left-hand turn into Rose Acre distinguished his use of the public road from the use made by the public at large.

The court also declined to apply a ruling it made more than a decade ago in Clemans v. Wishard Mem’l Hosp., 727 N.E.2d 1084 (Ind. Ct. App. 2000), which involved an employee traveling on a public road from one part of the employer’s premises to another part. That precedent does not stand for the proposition that an employee may be eligible for benefits from injuries occurring when traveling on a public road from the home to the employer’s sole piece of property, Judge Carr Darden wrote.

The court noted that Arnold failed to show the board erred in determining he wasn’t injured in the course of his employment with Rose Acre. Darden wrote in a footnote that the panel is making no determination as to whether Arnold’s injuries “arose out of” his employment.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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