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MILLEDGE v. OAKS

Nos. 93S02-0206-EX-346, 93A02-0104-EX-233.

784 N.E.2d 926 (2003)

Phyllis MILLEDGE, Employee-Appellant, v. THE OAKS, a Living Center, Employer-Appellee.

Supreme Court of Indiana.

March 14, 2003.

Attorney(s) appearing for the Case

Ronald E. James, Benson, Pantello, Morris James & Logan, Fort Wayne, IN, Attorney for Appellant.

Robert D. Woods, Hunt Suedhoff Kalamaros, LLP, South Bend, IN, Attorney for Appellee.

RUCKER, Justice.

Case Summary

This case presents the question of when and to what extent an injury resulting from an unexplained accident occurring in the workplace is compensable under Indiana's Worker's Compensation Act. We conclude that an unexplained accident represents a "neutral risk" and that the "positional-risk" doctrine applies. Under which, an injury is compensable if it would not have occurred but...

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