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Full-Text Articles in Workers' Compensation Law
Workmen's Compensation - Injury "Arising Out Of" The Employment - Increased Risk As An Exception To Common Hazard Rule, Howard M. Downs
Workmen's Compensation - Injury "Arising Out Of" The Employment - Increased Risk As An Exception To Common Hazard Rule, Howard M. Downs
Michigan Law Review
Lightning killed an employee as he was carrying a shovel with a metal scoop over his shoulder while in the course of his employment. Expert testimony indicated that the risk from lightning was increased from a radius of twelve feet for a man six feet tall to a radius of fourteen feet for a man of the same height carrying a shovel. The Michigan Workmen's Compensation Commission granted an award. On appeal, held, reversed. Assuming that the employee was in greater danger by carrying the shovel, there also must be proof that this increased degree of risk caused the …