Court of Appeals Decides "Arising Out Of" Case Favorably to Employee
In AARP v. Whitacre , No. 12-1519 (Iowa App. May 15, 2013), claimant was a 79 year old part time janitor for AARP. While on a coffee break one day, claimant began to choke, stood up to get a drink of water, stumbled and fell, causing injuries to his head and face. The deputy and commissioner found that this injury arose out of his employment and awarded benefits. On judicial review, the district court reversed. In addressing the question, the court noted that the earlier decision in Lakeside Casino v. Blue , 743 N.W.2d 169 (Iowa 2007) had indicated that the arising out of test involved proof that a causal connection existed between the conditions of the employment and the injury. The COA also noted that earlier decisions of the Supreme Court were to the effect that risks that were personal to the employee were not compensable, but further noted that Lakeside Casino and other cases had indicated that the work risk need be no greater than risks outside the workpl...