The primary issue presented in this appeal is whether an employee, who was injured when a tornado struck the tractor-trailer rig he was driving for his employer, has a compensable workers’ compensation claim. The central dispute between the parties is whether the claim arose out of the employment relationship. After careful review, we conclude that the employee was injured when he was subjected to a hazard not common to the general public but peculiar to the nature of his employment and to the conditions under which his employment was required to be performed. Accordingly, the injury arose out of his employment. The trial court’s judgment holding the employee’s claim to be compensable and its award of benefits is affirmed.
Case Number: W2010-00339-SC-R3-WC
Originating Judge: Chancellor James F. Butler
Case Name: Omer Lee Dixon, Jr. v. Travelers Indemnity Company
Dissent or Concur: No
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