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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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