ARISING OUT OF AND IN THE COURSE OF OWN EMPLOYMENT - Black's Law Dictionary

What is ARISING OUT OF AND IN THE COURSE OF OWN EMPLOYMENT? Definition of ARISING OUT OF AND IN THE COURSE OF OWN EMPLOYMENT in Black's Law Dictionary

Workmen's Compensation Acts provide for compensating an employee whose injury is one "arising out of and in the course of the employment." These words describe an injury directly and naturally resulting in a risk reasonably incident to the employment. Thomas v. Proctor & Gamble Mfg. Co., 104 Kan. 432, 179 P. 372, 374, 6 A.L.R. 445; Trudenich v. Marshall, D.C.Wash., 34 F.Supp. 486, 488. They mean that there must be some causal connection between the conditions under which the employee worked and the injury which he received. Amicucci v. Ford Motor Co., 308 Mich. 151, 13 N.W.2d 241.

The words "arising out of employment" refer to the origin of the cause of the injury, while "course of employment" refer to the time, place, and circumstances under which the injury occurred. Walker v. Hyde, 43 Idaho, 625, 253 P. 1104, 1105. See, further, Course; Watson v. Pitcairn, Mo.App., 139 S.W.2d 552, 554; Ervin v. Industrial Commission, 364 Ill. 56, 4 N.E.2d 22, 25.

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