Arose out of his employment

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Reference no: EM131783935

Angus, as a condition of his employment, lived in a mobile home owned by his employer, Dill Industries. The mobile home was located on the grounds of Dill’s plant and was purchased by Dill to house the Angus family because it wanted Angus to “maintain a constant presence on the premises.” Although Angus ordinarily worked out of an office located in a different building, the mobile home had a telephone, so Angus would be able to contact company drivers and customers as needed. One day, Angus returned to the mobile home and awaited the arrival of a truck on company business. About fifteen minutes after Angus had arrived at the mobile home, and while the family was eating dinner, a tornado struck. The tornado left Angus’s wife dead and Angus and his daughter severely in¬jured. Angus filed a workers’ compensation claim against Dill, alleging that his injuries “arose out of his employment.” Among other things, Dill argued that the injury did not occur within the course of employment, because Angus was not working but eating dinner with his family when the tornado struck. How should the court decide?

Reference no: EM131783935

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