Odd Jobs & More v. Reid

2011 Ark. App. 450 (2011)

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Odd Jobs & More v. Reid

Arkansas Court of Appeals
2011 Ark. App. 450 (2011)

Facts

Rosewell Reid (plaintiff) worked as a painter for Odd Jobs & More (Odd Jobs) (defendant). On June 4, 2009, while working at an apartment complex in a bad neighborhood, Reid was hit in the back of the head by Shannon Bradford, a third party. Reid sustained injuries to his skull. Reid filed for workers’-compensation benefits. Odd Jobs and its insurance carrier, Nationwide Insurance Company (Nationwide) (defendant), contested the claim and argued that the injuries were not compensable. A hearing was held before an administrative-law judge (ALJ). Testimony was given revealing that the apartment complex Reid was working in when he was attacked was previously in a special program with 24-hour surveillance due to criminal activity and that the apartment complex could again qualify for the special program. Bradford had attacked another individual a few days prior to his attack on Reid, and there were many police reports of violent acts that occurred at the apartment complex. The ALJ awarded benefits to Reid, and the Arkansas Workers’ Compensation Commission (the commission) affirmed the award, finding that the risk of assault was increased by the setting of Reid’s work. Odd Jobs and Nationwide appealed, arguing that the injury did not arise out of or in the course of Reid’s employment.

Rule of Law

Issue

Holding and Reasoning (Wynne, J.)

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