Pope v. Golden Rod Broilers, Inc.
Pope v. Golden Rod Broilers, Inc.
Opinion
This is a workmen's compensation case.
On June 20, 1986 Jacob Pope filed a claim for workmen's compensation benefits against his employer, Golden Rod Broilers, Inc. (Golden Rod). Trial was subsequently held in the Circuit Court of Hale County. After a trial the court entered a judgment denying compensation. The court determined that Pope's injury did not "arise out of" his employment and thus was not a compensable injury. §§
The facts and circumstances surrounding the injury were very much in dispute. However, the record supports the following.
Golden Rod employed Pope as a manual laborer at a chicken processing plant. On April 9, 1986, shortly after Pope checked out for lunch, Pope jumped up and threw a paper towel into an overhead fan. The fan was located near an entrance to the plant, and its bottom was seven feet, seven and one-half inches from the floor. A wire screen covered the front and sides of the fan. The top, or back, of the fan was unprotected. Pope reached over the side of the fan and caught his fingers in the moving fan blades. The fingers on his right hand were severely injured. As a result, Pope has been unable to return to work at Golden Rod.
This court's review of workmen's compensation cases is limited to questions of law and an examination of the evidence to determine if any legal evidence supports *Page 315
the trial court's findings. Hellums v. Hagar,
Pope contends that even under these facts the trial court erred in determining that Pope's injury did not arise out of his employment. We disagree. Every workmen's compensation case involving the construction of the words "arising out of" should be decided on its own peculiar facts and not by reference to a formula. Union Camp Corp. v. Blackmon,
On the other hand, an injury does not "arise out of" one's employment unless the employment in some way caused the injury. Wooten v. Roden,
Pope attempts to analogize this case to several cases where workers have been injured while performing acts incidental to their employment. An act is incidental to employment when it is necessary to the life, comfort, or convenience of the employee. Natco Corp. v. Mallory,
In order to show that an injury arose out of his employment, an employee must establish a definite causal connection between his employment and his injury. It is not enough to show that the injury would not have occurred "but for" the employment. Slimfold Manufacturing, supra; Wiregrass Clinic,supra. Pope failed to establish this causal connection. We, therefore, must affirm the judgment of the trial court denying workmen's compensation benefits.
AFFIRMED.
HOLMES and INGRAM, JJ., concur.
Reference
- Full Case Name
- Jacob B. Pope v. Golden Rod Broilers, Inc.
- Cited By
- 8 cases
- Status
- Published