WORKERS’ COMPENSATION, INJURY MUST “ARISE OUT OF” EMPLOYMENT

The Supreme Court has held that the word “accident” is not a technical legal term but encompasses anything that happens without design or any event that is unforeseen by the person to whom it happens. An injury is accidental within the meaning of the Workers’ Compensation Act when it is traceable to a definite time, place and cause and occurs in the course of the employment unexpectedly and without affirmative act or design of the employee. An injury arises out of ones employment if its origin is in a risk connected with or incidental to the employment so that there is a causal connection between the employment and the accidental injury. “Arising out of” is primarily concerned with the causal connection to the employment. An injury is accidental within the meaning of the Act if “a workman’s existing physical structure, whatever it may be, gives way under the stress of his usual labor”.