ILNews

Judges: injuries from crash on public road not covered

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It's an appreciable step taken by the government to curb the child abuse that are happening in the schools. Employees in the schools those are selected without background check can not be trusted. A thorough background check on the teachers or any other other new employees must be performed to choose the best and quality people. Those who are already employed in the past should also be checked for best precaution. The future of kids can be saved through this simple process. However, the checking process should be conducted by the help of a trusted background checking agency(https://www.affordablebackgroundchecks.com/).

  2. Almost everything connects to internet these days. From your computers and Smartphones to wearable gadgets and smart refrigerators in your home, everything is linked to the Internet. Although this convenience empowers usto access our personal devices from anywhere in the world such as an IP camera, it also deprives control of our online privacy. Cyber criminals, hackers, spies and everyone else has realized that we don’t have complete control on who can access our personal data. We have to take steps to to protect it like keeping Senseless password. Dont leave privacy unprotected. Check out this article for more ways: https://www.purevpn.com/blog/data-privacy-in-the-age-of-internet-of-things/

  3. You need to look into Celadon not paying sign on bonuses. We call get the run

  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

ADVERTISEMENT