Case name: Balderas
v. Joe Colling & Sons, 12 ILWCLB 2 (Ill.Ind.Comm.2004).
Ruling: The
Commission awarded benefits to a laborer who was struck by lightning at his
employer's sod farm. The laborer's
act of walking across open unprotected fields in an attempt to seek shelter
from a storm exposed him to an increased likelihood of injury due to a
lightning strike.
What it means: Laborers
who work outside in flat, unprotected fields are exposed to a greater risk of
being struck by lightning. Therefore, any injuries sustained by these laborers
in lightning-based accidents arise out of their employment.
Summary: The
claimant, a laborer at the defendant's
sod farm, was operating a tractor when a storm arose. The terrain of the sod farm consisted of flat ground without
storm shelters, except for a main group of buildings. The employer had an oral work rule which required all employees
to seek shelter when a storm occurs.
The claimant attempted to drive his tractor to the shelter but it became
stuck in mud. He proceeded to walk to the shelter. During his walk, he was struck by lightning. The arbitrator
awarded benefits, reasoning that claimant was exposed to an increased risk of
being struck by lightning, as he was required to walk from his work station to
the shelter and the terrain was flat. The arbitrator also pointed out that he
public was not permitted on the sod farm. Only employees of the farm were
exposed to a condition that increased the likelihood of injury due to a
lightning strike. In affirming, the Commission explained that lightning-based
accidents arise out of the employment where, as here, the employment exposes
the worker to a greater risk of such injuries.
