Fisher v. Mayfield

551 N.E.2d 1271, 49 Ohio St. 3d 275, 1990 Ohio LEXIS 120
CourtOhio Supreme Court
DecidedMarch 14, 1990
DocketNo. 88-1764
StatusPublished
Cited by187 cases

This text of 551 N.E.2d 1271 (Fisher v. Mayfield) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fisher v. Mayfield, 551 N.E.2d 1271, 49 Ohio St. 3d 275, 1990 Ohio LEXIS 120 (Ohio 1990).

Opinions

Alice Robie Resnick, J.

The sole issue before this court is whether appellant’s injury arose “out of and in the course of her employment,” thus bringing the injury within the parameters of R.C. 4123.01(C).

R.C. 4123.01(C) provides in pertinent part: “ ‘Injury’ includes any injury, whether caused by external accidental means or accidental in character and result, received in the course of, and arising out of, the injured employee’s employment. * * *” Ohio’s workers’ compensation statute, as do those of the vast majority of states, contains the basic coverage formula: “in the course of, and arising out of” employment. A leading scholar in this area of the law, Professor Larson, has noted that “[t]he heart of every compensation act, and the source of most litigation in the compensation field, is the coverage formula. * * * Few groups of statutory words in the history of law have had to bear the weight of such a mountain of interpretation as has been heaped upon this slender foundation. * * *” 1 Larson, The Law of Workmen’s Compensation (1984) 3-1 to 3-3, Section 6.10.

In Bralley v. Daugherty (1980), 61 Ohio St. 2d 302, 15 O.O. 3d 359, 401 N.E. 2d 448, this court set forth the general rules applicable to the issue of coverage under the Ohio Workers’ Compensation Act, as follows:

“An injury sustained by an employee is compensable under the Workers’ Compensation Act only if it was ‘received in the course of, and arising out of, the injured employee’s employment.’ R.C. 4123.01(C); R.C. 4123.54; Fassig v. State, ex rel. Turner (1917), 95 Ohio St. 232.

“The test of the right to participate in the Workers’ Compensation Fund is not whether there was any [277]*277fault or neglect on the part of the employer or his employees, but whether a ‘causal connection’ existed between an employee’s injury and his employment either through the activities, the conditions or the environment of the employment. Indus. Comm. v. Weigandt (1921), 102 Ohio St. 1; Indus. Comm. v. Gintert (1934), 128 Ohio St. 129; Fox v. Schiele (1955), 162 Ohio St. 569.” Id. at 303, 15 O.O. 3d at 360, 401 N.E. 2d at 449-450.

One year after Bralley, supra, we refined the “arising out of” element by considering the “totality of the circumstances” test for determining whether a causal connection existed between an employee’s injury and his employment. In Lord v. Daugherty (1981), 66 Ohio St. 2d 441, 20 O.O. 3d 376, 423 N.E. 2d 96, we held at the syllabus:

“Whether there is a sufficient ‘causal connection’ between an employee’s injury and his employment to justify the right to participate in the Workers’ Compensation Fund depends on the totality of the facts and circumstances surrounding the accident, including: (1) the proximity of the scene of the accident to the place of employment, (2) the degree of control the employer had over the scene of the accident, and (3) the benefit the employer received from the injured employee’s presence at the scene of the accident.”

We now expressly recognize the conjunctive nature of the coverage formula of “in the course of and arising out of” the employment. Therefore, all elements of the formula must be met before compensation will be allowed.

Traditionally, other jurisdictions have bifurcated the basic coverage formula but have required that both prongs exist. The “in the course of” prong is construed to relate to the time, place and circumstances of the injury, while the “arising out of” prong is interpreted as referring to a causal connection between the employment and the injury. Larson, supra, at 3-3, Section 6.10. See, also, State Comp. Ins. Fund v. Workers’ Comp. Appeals Bd. (1982), 133 Cal. App. 3d 643, 652, 184 Cal. Rptr. 111, 116.

Likewise, other jurisdictions have adhered to the principle that each prong of the formula must therefore be satisfied before compensability will be allowed. Maher v. Workers’ Comp. Appeals Bd. (1983), 33 Cal. 3d 729, 190 Cal. Rptr. 904, 661 P. 2d 1058; Malacarne v. Yonkers Parking Auth. (1976), 41 N.Y. 2d 189, 391 N.Y. Supp. 2d 402, 359 N.E. 2d 992; Strother v. Morrison Cafeteria (Fla. 1980), 383 So. 2d 623. “This two-pronged requirement is the cornerstone of the workers’ compensation system.” Maher, supra, at 732-733, 190 Cal. Rptr. at 905-906, 661 P. 2d at 1056-1060. In Strother, the Supreme Court of Florida embarked on a well-reasoned analysis as to whether that court had developed inconsistent constructions of the basic coverage formula, stating as follows:

“Although in several decisions, we have referred to the distinct and separate nature of the two elements of ‘arising out of’ and ‘in the course of,’ we have also, in other decisions, tended to merge these factors together into a test of work connectedness.” Id. at 624-625. The court went on to hold that “to be compensable, an injury must arise out of employment in the sense of causation and be in the course of employment in the sense of continuity of time, space, and circumstances.” Id. at 628.

Consistent with our decision and case law from other jurisdictions, we continue to interpret “in the course” to associate with the time, place and circumstances of the injury. The “aris[278]*278ing out of” element, as noted earlier, contemplates a causal connection between the injury and the employment. In Lord, swpra, we announced three distinct factors to aid in determining whether a sufficient causal relationship existed, based upon the totality of the facts and circumstances.

In Ohio, as well as in other jurisdictions, it is well-established that workers’ compensation statutes must be liberally construed in favor of the employee. R.C. 4123.95. Thus, it is axiomatic that the phrase “in the course of, and arising out of” must be accorded a liberal construction. “In applying it [the coverage formula], this court must be guided by the * * * fundamental principle that the requirement is to be liberally construed in favor of awarding benefits.” (Emphasis sic.) Maher, supra, at 733, 190 Cal. Rptr. at 906, 661 P. 2d at 1060.

We will now apply the appropriate analysis to the facts of the present case. Appellant was injured while she was going to her school, and approximately fifteen minutes before she was to begin work. Appellant’s injury was sustained at another school within the same district where she is employed. Lastly, the school at which appellant taught was, as stipulated, “approximately one to one-half miles” from the school where the injury occurred. Therefore, it is clear that appellant was injured minutes before she was to begin work and at a place under the control of her employer. When considering the circumstances under which appellant was injured, we find appellant has sufficiently demonstrated that her injury was “in the course of” her employment.1

As noted earlier, whether appellant’s injuries arose out of her employment is determined from the totality of the circumstances, using the [279]*279factors set forth in Lord, supra.2

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Bluebook (online)
551 N.E.2d 1271, 49 Ohio St. 3d 275, 1990 Ohio LEXIS 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-mayfield-ohio-1990.