32.0520 Liability of employer for compensation.

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Every employer subject to this chapter and Chapter 32.06 shall be liable for compensation for injury to or death of his employees arising out of and in the course of employment without regard to fault as to cause of the injury or death.

History: 1967, PL 10-15.

Case Notes:

Irrelevant whether or not decedent speeding or driving under influence: benefits to be paid regardless of fault. A.I.U.S.P. v. Workmen’s Compensation Commission, ASR (1979),

Compensation formula is stated in the conjunctive and both requirements must be met. Hartford Fire Ins. Co. v. Workmen’s Compensation Commission. ASR (1977).

Court would not reverse Workmen’s Compensation Commission finding that fatal heart attack “arose out of and in the course of” decedent’s employment, even though the heart attack had occurred at home rather than at work, where the commission record reflected that (1) decedent had a history of heart trouble but medical treatment had brought his condition under control in the months preceding his heart attack; (2) decedent had recently been transferred from his job as a night watchman to a highway maintenance job involving physical labor; (3) the punitive and involuntary transfer had created emotional pressures that testifying physician cited as a possible factor in the heart attack; (4) after the transfer decedent’s symptoms had taken a drastic turn for the worse; (5) the heart attack had occurred eleven days after decedent had begun work on the road crew. A.S.C.A. §§ 32.0520, 32.0652. Continental Insurance Co. v. Workmen’s Compensation Commission, 7 A.S.R.2d 105 (1988).