In John C. Morris v. Custom Kitchen & Baths, 64 N.E.3d 912 (Ind. Ct. App. 2016), trans. denied (March 2017), a licensed building contractor demonstrated sufficient connection between volunteer work and his business such that the injury arose out of and in the course of his employment, entitling him to workers’ compensation benefits under Indiana’s Workers’ Compensation Act.
In August 2012, John Morris was assisting his son with a Boy Scout project at an Evansville church when he fell from the roof of a storage shed and fractured his right leg, resulting in three separate surgeries. Following his injury, Morris, who was the sole proprietor of Custom Kitchen Baths, filed an application for adjustment of claim with the Indiana Workers’ Compensation Board for benefits. His application was denied at both a single member and full Board hearing. The Board held that Morris failed to meet his burden of showing his injuries arose out of and occurred in the course of his employment.
Morris appealed, arguing the Indiana Supreme Court’s decision in Knox v. Cary, 813 N.E.2d 1170 (Ind. 2004), should be expanded to cover the facts and circumstances of his incident. The Knox Court held “where the employer’s interest in sponsoring an after-hours activity are not merely altruistic...
